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.