By Chisum H.B. No. 1059
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notice in county deed records of the existence of a
1-3 buffer zone required as a condition of a license or permit issued
1-4 by the Texas Natural Resource Conservation Commission.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 26, Water Code, is amended by adding
1-7 Subchapter K to read as follows:
1-8 SUBCHAPTER K. DUTIES OF PERMIT HOLDERS
1-9 Sec. 26.451. NOTICE OF EXISTENCE OF BUFFER ZONE. (a) The
1-10 purpose of this section is to provide notice to potential
1-11 purchasers of property that an entire tract of real property is
1-12 located a certain distance from a facility operation or activity
1-13 that is regulated by the commission. Because existing siting
1-14 requirements sufficiently address environmental and health and
1-15 safety concerns, the existence of a buffer zone requirement may not
1-16 be construed to raise environmental or health and safety concerns
1-17 or to suggest adverse effects on persons located or acting inside
1-18 the buffer zone.
1-19 (b) The holder of a permit issued under this chapter that
1-20 includes as a condition of issuance the existence of a buffer zone
1-21 may file in the deed records of a county in which any part of an
1-22 entire tract of real property in the buffer zone is located notice
1-23 that includes:
1-24 (1) a statement that all of the particular tract of
2-1 real property is located in a buffer zone required as a condition
2-2 of a permit issued by the commission;
2-3 (2) the number of the permit; and
2-4 (3) an adequate legal description of the particular
2-5 tract of the real property located entirely in a buffer zone.
2-6 (c) In an action for damages arising from the alleged
2-7 devaluation of property resulting from a statement filed in the
2-8 county deed records that all of a particular tract of real property
2-9 is located in a buffer zone, it is an affirmative defense that the
2-10 statement was filed in compliance with this section.
2-11 (d) This section does not apply to real property owned by a
2-12 permit holder that is located in a buffer zone required as a
2-13 condition of that permit.
2-14 (e) In this section:
2-15 (1) "Buffer zone" means an identified area of real
2-16 property that is:
2-17 (A) required by the commission to separate a
2-18 specified activity, facility, or equipment from other persons or
2-19 property; and
2-20 (B) free of the activities authorized by the
2-21 permit.
2-22 (2) "Permit" means an authorization by license,
2-23 permit, certificate, registration, or other form of permission
2-24 required by law or agency rule to engage in a particular activity.
2-25 SECTION 2. Subchapter D, Chapter 27, Water Code, is amended
2-26 by adding Section 27.057 to read as follows:
2-27 Sec. 27.057. NOTICE OF EXISTENCE OF BUFFER ZONE. (a) The
3-1 purpose of this section is to provide notice to potential
3-2 purchasers of property that an entire tract of real property is
3-3 located a certain distance from a facility operation or activity
3-4 that is regulated by the commission. Because existing siting
3-5 requirements sufficiently address environmental and health and
3-6 safety concerns, the existence of a buffer zone requirement may not
3-7 be construed to raise environmental or health and safety concerns
3-8 or to suggest adverse effects on persons located or acting inside
3-9 the buffer zone.
3-10 (b) The holder of a permit issued under this chapter that
3-11 includes as a condition of issuance the existence of a buffer zone
3-12 may file in the deed records of a county in which any part of an
3-13 entire tract of real property in the buffer zone is located notice
3-14 that includes:
3-15 (1) a statement that all of the particular tract of
3-16 real property is located in a buffer zone required as a condition
3-17 of a permit issued by the commission;
3-18 (2) the number of the permit; and
3-19 (3) an adequate legal description of the particular
3-20 tract of the real property located entirely in a buffer zone.
3-21 (c) In an action for damages arising from the alleged
3-22 devaluation of property resulting from a statement filed in the
3-23 county deed records that all of a particular tract of real property
3-24 is located in a buffer zone, it is an affirmative defense that the
3-25 statement was filed in compliance with this section.
3-26 (d) This section does not apply to real property owned by a
3-27 permit holder that is located in a buffer zone required as a
4-1 condition of that permit.
4-2 (e) In this section:
4-3 (1) "Buffer zone" means an identified area of real
4-4 property that is:
4-5 (A) required by the commission to separate a
4-6 specified activity, facility, or equipment from other persons or
4-7 property; and
4-8 (B) free of the activities authorized by the
4-9 permit.
4-10 (2) "Permit" means an authorization by license,
4-11 permit, certificate, registration, or other form of permission
4-12 required by law or agency rule to engage in a particular activity.
4-13 SECTION 3. Subchapter C, Chapter 361, Health and Safety
4-14 Code, is amended by adding Section 361.116 to read as follows:
4-15 Sec. 361.116. NOTICE OF EXISTENCE OF BUFFER ZONE. (a) The
4-16 purpose of this section is to provide notice to potential
4-17 purchasers of property that an entire tract of real property is
4-18 located a certain distance from a facility operation or activity
4-19 that is regulated by the commission. Because existing siting
4-20 requirements sufficiently address environmental and health and
4-21 safety concerns, the existence of a buffer zone requirement may not
4-22 be construed to raise environmental or health and safety concerns
4-23 or to suggest adverse effects on persons located or acting inside
4-24 the buffer zone.
4-25 (b) The holder of a permit issued under this chapter that
4-26 includes as a condition of issuance the existence of a buffer zone
4-27 may file in the deed records of a county in which any part of an
5-1 entire tract of real property in the buffer zone is located notice
5-2 that includes:
5-3 (1) a statement that all of the particular tract of
5-4 real property is located in a buffer zone required as a condition
5-5 of a permit issued by the commission;
5-6 (2) the number of the permit; and
5-7 (3) an adequate legal description of the particular
5-8 tract of the real property located entirely in a buffer zone.
5-9 (c) In an action for damages arising from the alleged
5-10 devaluation of property resulting from a statement filed in the
5-11 county deed records that all of a particular tract of real property
5-12 is located in a buffer zone, it is an affirmative defense that the
5-13 statement was filed in compliance with this section.
5-14 (d) This section does not apply to real property owned by a
5-15 permit holder that is located in a buffer zone required as a
5-16 condition of that permit.
5-17 (e) In this section:
5-18 (1) "Buffer zone" means an identified area of real
5-19 property that is:
5-20 (A) required by the commission to separate a
5-21 specified activity, facility, or equipment from other persons or
5-22 property; and
5-23 (B) free of the activities authorized by the
5-24 permit.
5-25 (2) "Permit" means an authorization by license,
5-26 permit, certificate, registration, or other form of permission
5-27 required by law or agency rule to engage in a particular activity.
6-1 SECTION 4. Subchapter C, Chapter 382, Health and Safety
6-2 Code, is amended by adding Section 382.065 to read as follows:
6-3 Sec. 382.065. NOTICE OF EXISTENCE OF BUFFER ZONE. (a) The
6-4 purpose of this section is to provide notice to potential
6-5 purchasers of property that an entire tract of real property is
6-6 located a certain distance from a facility operation or activity
6-7 that is regulated by the commission. Because existing siting
6-8 requirements sufficiently address environmental and health and
6-9 safety concerns, the existence of a buffer zone requirement may not
6-10 be construed to raise environmental or health and safety concerns
6-11 or to suggest adverse effects on persons located or acting inside
6-12 the buffer zone.
6-13 (b) The holder of a permit issued under this chapter that
6-14 includes as a condition of issuance the existence of a buffer zone
6-15 may file in the deed records of a county in which any part of an
6-16 entire tract of real property in the buffer zone is located notice
6-17 that includes:
6-18 (1) a statement that all of the particular tract of
6-19 real property is located in a buffer zone required as a condition
6-20 of a permit issued by the commission;
6-21 (2) the number of the permit; and
6-22 (3) an adequate legal description of the particular
6-23 tract of the real property located entirely in a buffer zone.
6-24 (c) In an action for damages arising from the alleged
6-25 devaluation of property resulting from a statement filed in the
6-26 county deed records that all of a particular tract of real property
6-27 is located in a buffer zone, it is an affirmative defense that the
7-1 statement was filed in compliance with this section.
7-2 (d) This section does not apply to real property owned by a
7-3 permit holder that is located in a buffer zone required as a
7-4 condition of that permit.
7-5 (e) In this section:
7-6 (1) "Buffer zone" means an identified area of real
7-7 property that is:
7-8 (A) required by the commission to separate a
7-9 specified activity, facility, or equipment from other persons or
7-10 property; and
7-11 (B) free of the activities authorized by the
7-12 permit.
7-13 (2) "Permit" means an authorization by license,
7-14 permit, certificate, registration, or other form of permission
7-15 required by law or agency rule to engage in a particular activity.
7-16 SECTION 5. Chapter 401, Health and Safety Code, is amended
7-17 by adding Subchapter M to read as follows:
7-18 SUBCHAPTER M. DUTIES OF LICENSE HOLDERS
7-19 Sec. 401.451. NOTICE OF EXISTENCE OF BUFFER ZONE. (a) The
7-20 purpose of this section is to provide notice to potential
7-21 purchasers of property that an entire tract of real property is
7-22 located a certain distance from a facility operation or activity
7-23 that is regulated by the commission. Because existing siting
7-24 requirements sufficiently address environmental and health and
7-25 safety concerns, the existence of a buffer zone requirement may not
7-26 be construed to raise environmental or health and safety concerns
7-27 or to suggest adverse effects on persons located or acting inside
8-1 the buffer zone.
8-2 (b) The holder of a license issued under this chapter that
8-3 includes as a condition of issuance the existence of a buffer zone
8-4 may file in the deed records of a county in which any part of an
8-5 entire tract of real property in the buffer zone is located notice
8-6 that includes:
8-7 (1) a statement that all of the particular tract of
8-8 real property is located in a buffer zone required as a condition
8-9 of a license issued by the commission;
8-10 (2) the number of the license; and
8-11 (3) an adequate legal description of the particular
8-12 tract of the real property located entirely in a buffer zone.
8-13 (c) In an action for damages arising from the alleged
8-14 devaluation of property resulting from a statement filed in the
8-15 county deed records that all of a particular tract of real property
8-16 is located in a buffer zone, it is an affirmative defense that the
8-17 statement was filed in compliance with this section.
8-18 (d) This section does not apply to real property owned by a
8-19 license holder that is located in a buffer zone required as a
8-20 condition of that license.
8-21 (e) In this section:
8-22 (1) "Buffer zone" means an identified area of real
8-23 property that is:
8-24 (A) required by the commission to separate a
8-25 specified activity, facility, or equipment from other persons or
8-26 property; and
8-27 (B) free of the activities authorized by the
9-1 license.
9-2 (2) "License" means an authorization by license,
9-3 permit, certificate, registration, or other form of permission
9-4 required by law or agency rule to engage in a particular activity.
9-5 SECTION 6. This Act takes effect September 1, 1995, and
9-6 applies only to a license or permit issued by the Texas Natural
9-7 Resource Conservation Commission on or after that date.
9-8 SECTION 7. The importance of this legislation and the
9-9 crowded condition of the calendars in both houses create an
9-10 emergency and an imperative public necessity that the
9-11 constitutional rule requiring bills to be read on three several
9-12 days in each house be suspended, and this rule is hereby suspended.