74R7976 MI-D
By Chisum H.B. No. 1059
Substitute the following for H.B. No. 1059:
By Turner of Coleman C.S.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; and
2-3 (2) the number of the permit.
2-4 (c) In an action for damages arising from the alleged
2-5 devaluation of property resulting from a statement filed in the
2-6 county deed records that all of a particular tract of real property
2-7 is located in a buffer zone, it is an affirmative defense that the
2-8 statement was filed in compliance with this section.
2-9 (d) This section does not apply to real property owned by a
2-10 permit holder that is located in a buffer zone required as a
2-11 condition of that permit.
2-12 (e) In this section:
2-13 (1) "Buffer zone" means an identified area of real
2-14 property that is:
2-15 (A) required by the commission to separate a
2-16 specified activity, facility, or equipment from other persons or
2-17 property; and
2-18 (B) free of the activities authorized by the
2-19 permit.
2-20 (2) "Permit" means an authorization by license,
2-21 permit, certificate, registration, or other form of permission
2-22 required by law or agency rule to engage in a particular activity.
2-23 SECTION 2. Subchapter D, Chapter 27, Water Code, is amended
2-24 by adding Section 27.057 to read as follows:
2-25 Sec. 27.057. NOTICE OF EXISTENCE OF BUFFER ZONE. (a) The
2-26 purpose of this section is to provide notice to potential
2-27 purchasers of property that an entire tract of real property is
3-1 located a certain distance from a facility operation or activity
3-2 that is regulated by the commission. Because existing siting
3-3 requirements sufficiently address environmental and health and
3-4 safety concerns, the existence of a buffer zone requirement may not
3-5 be construed to raise environmental or health and safety concerns
3-6 or to suggest adverse effects on persons located or acting inside
3-7 the buffer zone.
3-8 (b) The holder of a permit issued under this chapter that
3-9 includes as a condition of issuance the existence of a buffer zone
3-10 may file in the deed records of a county in which any part of an
3-11 entire tract of real property in the buffer zone is located notice
3-12 that includes:
3-13 (1) a statement that all of the particular tract of
3-14 real property is located in a buffer zone required as a condition
3-15 of a permit issued by the commission; and
3-16 (2) the number of the permit.
3-17 (c) In an action for damages arising from the alleged
3-18 devaluation of property resulting from a statement filed in the
3-19 county deed records that all of a particular tract of real property
3-20 is located in a buffer zone, it is an affirmative defense that the
3-21 statement was filed in compliance with this section.
3-22 (d) This section does not apply to real property owned by a
3-23 permit holder that is located in a buffer zone required as a
3-24 condition of that permit.
3-25 (e) In this section:
3-26 (1) "Buffer zone" means an identified area of real
3-27 property that is:
4-1 (A) required by the commission to separate a
4-2 specified activity, facility, or equipment from other persons or
4-3 property; and
4-4 (B) free of the activities authorized by the
4-5 permit.
4-6 (2) "Permit" means an authorization by license,
4-7 permit, certificate, registration, or other form of permission
4-8 required by law or agency rule to engage in a particular activity.
4-9 SECTION 3. Subchapter C, Chapter 361, Health and Safety
4-10 Code, is amended by adding Section 361.116 to read as follows:
4-11 Sec. 361.116. NOTICE OF EXISTENCE OF BUFFER ZONE. (a) The
4-12 purpose of this section is to provide notice to potential
4-13 purchasers of property that an entire tract of real property is
4-14 located a certain distance from a facility operation or activity
4-15 that is regulated by the commission. Because existing siting
4-16 requirements sufficiently address environmental and health and
4-17 safety concerns, the existence of a buffer zone requirement may not
4-18 be construed to raise environmental or health and safety concerns
4-19 or to suggest adverse effects on persons located or acting inside
4-20 the buffer zone.
4-21 (b) The holder of a permit issued under this chapter that
4-22 includes as a condition of issuance the existence of a buffer zone
4-23 may file in the deed records of a county in which any part of an
4-24 entire tract of real property in the buffer zone is located notice
4-25 that includes:
4-26 (1) a statement that all of the particular tract of
4-27 real property is located in a buffer zone required as a condition
5-1 of a permit issued by the commission; and
5-2 (2) the number of the permit.
5-3 (c) In an action for damages arising from the alleged
5-4 devaluation of property resulting from a statement filed in the
5-5 county deed records that all of a particular tract of real property
5-6 is located in a buffer zone, it is an affirmative defense that the
5-7 statement was filed in compliance with this section.
5-8 (d) This section does not apply to real property owned by a
5-9 permit holder that is located in a buffer zone required as a
5-10 condition of that permit.
5-11 (e) In this section:
5-12 (1) "Buffer zone" means an identified area of real
5-13 property that is:
5-14 (A) required by the commission to separate a
5-15 specified activity, facility, or equipment from other persons or
5-16 property; and
5-17 (B) free of the activities authorized by the
5-18 permit.
5-19 (2) "Permit" means an authorization by license,
5-20 permit, certificate, registration, or other form of permission
5-21 required by law or agency rule to engage in a particular activity.
5-22 SECTION 4. Subchapter C, Chapter 382, Health and Safety
5-23 Code, is amended by adding Section 382.065 to read as follows:
5-24 Sec. 382.065. NOTICE OF EXISTENCE OF BUFFER ZONE. (a) The
5-25 purpose of this section is to provide notice to potential
5-26 purchasers of property that an entire tract of real property is
5-27 located a certain distance from a facility operation or activity
6-1 that is regulated by the commission. Because existing siting
6-2 requirements sufficiently address environmental and health and
6-3 safety concerns, the existence of a buffer zone requirement may not
6-4 be construed to raise environmental or health and safety concerns
6-5 or to suggest adverse effects on persons located or acting inside
6-6 the buffer zone.
6-7 (b) The holder of a permit issued under this chapter that
6-8 includes as a condition of issuance the existence of a buffer zone
6-9 may file in the deed records of a county in which any part of an
6-10 entire tract of real property in the buffer zone is located notice
6-11 that includes:
6-12 (1) a statement that all of the particular tract of
6-13 real property is located in a buffer zone required as a condition
6-14 of a permit issued by the commission; and
6-15 (2) the number of the permit.
6-16 (c) In an action for damages arising from the alleged
6-17 devaluation of property resulting from a statement filed in the
6-18 county deed records that all of a particular tract of real property
6-19 is located in a buffer zone, it is an affirmative defense that the
6-20 statement was filed in compliance with this section.
6-21 (d) This section does not apply to real property owned by a
6-22 permit holder that is located in a buffer zone required as a
6-23 condition of that permit.
6-24 (e) In this section:
6-25 (1) "Buffer zone" means an identified area of real
6-26 property that is:
6-27 (A) required by the commission to separate a
7-1 specified activity, facility, or equipment from other persons or
7-2 property; and
7-3 (B) free of the activities authorized by the
7-4 permit.
7-5 (2) "Permit" means an authorization by license,
7-6 permit, certificate, registration, or other form of permission
7-7 required by law or agency rule to engage in a particular activity.
7-8 SECTION 5. Chapter 401, Health and Safety Code, is amended
7-9 by adding Subchapter M to read as follows:
7-10 SUBCHAPTER M. DUTIES OF LICENSE HOLDERS
7-11 Sec. 401.451. NOTICE OF EXISTENCE OF BUFFER ZONE. (a) The
7-12 purpose of this section is to provide notice to potential
7-13 purchasers of property that an entire tract of real property is
7-14 located a certain distance from a facility operation or activity
7-15 that is regulated by the commission. Because existing siting
7-16 requirements sufficiently address environmental and health and
7-17 safety concerns, the existence of a buffer zone requirement may not
7-18 be construed to raise environmental or health and safety concerns
7-19 or to suggest adverse effects on persons located or acting inside
7-20 the buffer zone.
7-21 (b) The holder of a license issued under this chapter that
7-22 includes as a condition of issuance the existence of a buffer zone
7-23 may file in the deed records of a county in which any part of an
7-24 entire tract of real property in the buffer zone is located notice
7-25 that includes:
7-26 (1) a statement that all of the particular tract of
7-27 real property is located in a buffer zone required as a condition
8-1 of a license issued by the commission; and
8-2 (2) the number of the license.
8-3 (c) In an action for damages arising from the alleged
8-4 devaluation of property resulting from a statement filed in the
8-5 county deed records that all of a particular tract of real property
8-6 is located in a buffer zone, it is an affirmative defense that the
8-7 statement was filed in compliance with this section.
8-8 (d) This section does not apply to real property owned by a
8-9 license holder that is located in a buffer zone required as a
8-10 condition of that license.
8-11 (e) In this section:
8-12 (1) "Buffer zone" means an identified area of real
8-13 property that is:
8-14 (A) required by the commission to separate a
8-15 specified activity, facility, or equipment from other persons or
8-16 property; and
8-17 (B) free of the activities authorized by the
8-18 license.
8-19 (2) "License" means an authorization by license,
8-20 permit, certificate, registration, or other form of permission
8-21 required by law or agency rule to engage in a particular activity.
8-22 SECTION 6. This Act takes effect September 1, 1995, and
8-23 applies only to a license or permit issued by the Texas Natural
8-24 Resource Conservation Commission on or after that date.
8-25 SECTION 7. The importance of this legislation and the
8-26 crowded condition of the calendars in both houses create an
8-27 emergency and an imperative public necessity that the
9-1 constitutional rule requiring bills to be read on three several
9-2 days in each house be suspended, and this rule is hereby suspended.