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.