By Turner of Coleman                                   H.B. No. 194

      75R1154 MI-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the enforcement and transfer of conservation easements.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Sections 183.001(3) and (4), Natural Resources

 1-5     Code, are amended to read as follows:

 1-6                 (3)  ["Third-party right of enforcement" means a right

 1-7     provided in a conservation easement to enforce any of its terms

 1-8     granted to a governmental body, charitable corporation, charitable

 1-9     association, or charitable trust that is eligible to be a holder

1-10     but is not a holder.]

1-11                 [(4)]  "Servient estate" means the real property

1-12     burdened by the conservation easement.

1-13           SECTION 2.  Section 183.002(b), Natural Resources Code, is

1-14     amended to read as follows:

1-15           (b)  A right or duty in favor of or against a holder [and a

1-16     right in favor of a person having a third-party right of

1-17     enforcement] does not arise under a conservation easement before

1-18     its acceptance by the holder and the recordation of the acceptance.

1-19           SECTION 3.  Chapter 183, Natural Resources Code, is amended

1-20     by adding Section 183.0021 to read as follows:

1-21           Sec. 183.0021.  CONSENT TO TRANSFER.  A conveyance,

1-22     assignment, or other transfer of a conservation easement is not

1-23     effective unless the instrument conveying, assigning, or otherwise

1-24     transferring the easement includes the written consent of the owner

 2-1     of the servient estate.

 2-2           SECTION 4.  Section 183.003(a), Natural Resources Code, is

 2-3     amended to read as follows:

 2-4           (a)  An action affecting a conservation easement may be

 2-5     brought by:

 2-6                 (1)  an owner of an interest in the real property

 2-7     burdened by the easement;

 2-8                 (2)  a holder of the easement; or

 2-9                 (3)  [a person having a third-party right of

2-10     enforcement; or]

2-11                 [(4)]  a person authorized by some other law.

2-12           SECTION 5.  The changes in law made by this Act apply only to

2-13     a conservation easement created on or after September 1, 1997.  A

2-14     conservation easement created before that date is governed by the

2-15     law that applied to that easement on August 31, 1997, and that law

2-16     is continued in effect for that purpose.

2-17           SECTION 6.  This Act takes effect September 1, 1997.

2-18           SECTION 7.  The importance of this legislation and the

2-19     crowded condition of the calendars in both houses create an

2-20     emergency and an imperative public necessity that the

2-21     constitutional rule requiring bills to be read on three several

2-22     days in each house be suspended, and this rule is hereby suspended.