By Chisum                                             H.B. No. 1059
       74R1627 MI-D
                                 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 permit issued by the Texas
    1-4  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  holder of a permit issued under this chapter that includes as a
   1-11  condition of issuance the existence of a buffer zone shall file in
   1-12  the deed records of a county in which any real property in the
   1-13  buffer zone is located notice that includes:
   1-14              (1)  a statement that all or an unspecified part of the
   1-15  particular tract of real property is located in a buffer zone
   1-16  required as a condition of a permit issued by the commission; and
   1-17              (2)  the number of the permit.
   1-18        (b)  A permit issued under this chapter that includes as a
   1-19  condition of issuance the existence of a buffer zone does not take
   1-20  effect until the permit holder has filed the notice required by
   1-21  this section.
   1-22        (c)  In this section, "buffer zone" means an identified area
   1-23  of real property that is:
   1-24              (1)  adjacent to real property covered by a permit
    2-1  issued by the commission, the purpose of which is to protect
    2-2  persons or property from the effects of existing or future
    2-3  activities occurring in the permit area; and
    2-4              (2)  free of the activities authorized by the permit.
    2-5        SECTION 2.  Subchapter D, Chapter 27, Water Code, is amended
    2-6  by adding Section 27.057 to read as follows:
    2-7        Sec. 27.057.  NOTICE OF EXISTENCE OF BUFFER ZONE.  (a)  The
    2-8  holder of a permit issued under this chapter that includes as a
    2-9  condition of issuance the existence of a buffer zone shall file in
   2-10  the deed records of a county in which any real property in the
   2-11  buffer zone is located notice that includes:
   2-12              (1)  a statement that all or an unspecified part of the
   2-13  particular tract of real property is located in a buffer zone
   2-14  required as a condition of a permit issued by the commission; and
   2-15              (2)  the number of the permit.
   2-16        (b)  A permit issued under this chapter that includes as a
   2-17  condition of issuance the existence of a buffer zone does not take
   2-18  effect until the permit holder has filed the notice required by
   2-19  this section.
   2-20        (c)  In this section, "buffer zone" means an identified area
   2-21  of real property that is:
   2-22              (1)  adjacent to real property covered by a permit
   2-23  issued by the commission, the purpose of which is to protect
   2-24  persons or property from the effects of existing or future
   2-25  activities occurring in the permit area; and
   2-26              (2)  free of the activities authorized by the permit.
   2-27        SECTION 3.  Subchapter C, Chapter 361, Health and Safety
    3-1  Code, is amended by adding Section 361.116 to read as follows:
    3-2        Sec. 361.116.  NOTICE OF EXISTENCE OF BUFFER ZONE.  (a)  The
    3-3  holder of a permit issued under this chapter that includes as a
    3-4  condition of issuance the existence of a buffer zone shall file in
    3-5  the deed records of a county in which any real property in the
    3-6  buffer zone is located notice that includes:
    3-7              (1)  a statement that all or an unspecified part of the
    3-8  particular tract of real property is located in a buffer zone
    3-9  required as a condition of a permit issued by the commission; and
   3-10              (2)  the number of the permit.
   3-11        (b)  A permit issued under this chapter that includes as a
   3-12  condition of issuance the existence of a buffer zone does not take
   3-13  effect until the permit holder has filed the notice required by
   3-14  this section.
   3-15        (c)  In this section, "buffer zone" means an identified area
   3-16  of real property that is:
   3-17              (1)  adjacent to real property covered by a permit
   3-18  issued by the commission, the purpose of which is to protect
   3-19  persons or property from the effects of existing or future
   3-20  activities occurring in the permit area; and
   3-21              (2)  free of the activities authorized by the permit.
   3-22        SECTION 4.  Subchapter C, Chapter 382, Health and Safety
   3-23  Code, is amended by adding Section 382.065 to read as follows:
   3-24        Sec. 382.065.  NOTICE OF EXISTENCE OF BUFFER ZONE.  (a)  The
   3-25  holder of a permit issued under this chapter that includes as a
   3-26  condition of issuance the existence of a buffer zone shall file in
   3-27  the deed records of a county in which any real property in the
    4-1  buffer zone is located notice that includes:
    4-2              (1)  a statement that all or an unspecified part of the
    4-3  particular tract of real property is located in a buffer zone
    4-4  required as a condition of a permit issued by the commission; and
    4-5              (2)  the number of the permit.
    4-6        (b)  A permit issued under this chapter that includes as a
    4-7  condition of issuance the existence of a buffer zone does not take
    4-8  effect until the permit holder has filed the notice required by
    4-9  this section.
   4-10        (c)  In this section, "buffer zone" means an identified area
   4-11  of real property that is:
   4-12              (1)  adjacent to real property covered by a permit
   4-13  issued by the commission, the purpose of which is to protect
   4-14  persons or property from the effects of existing or future
   4-15  activities occurring in the permit area; and
   4-16              (2)  free of the activities authorized by the permit.
   4-17        SECTION 5.  This Act takes effect September 1, 1995, and
   4-18  applies only to a permit issued by the Texas Natural Resource
   4-19  Conservation Commission issued on or after that date.
   4-20        SECTION 6.  The importance of this legislation and the
   4-21  crowded condition of the calendars in both houses create an
   4-22  emergency and an imperative public necessity that the
   4-23  constitutional rule requiring bills to be read on three several
   4-24  days in each house be suspended, and this rule is hereby suspended.