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.