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A BILL TO BE ENTITLED
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AN ACT
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relating to compliance with state and federal environmental |
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permits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 7, Water Code, is amended |
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by adding Section 7.257 to read as follows: |
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Sec. 7.257. DEFENSE TO NUISANCE OR TRESPASS. A person, as |
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defined by Section 382.003, Health and Safety Code, who is subject |
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to an administrative, civil, or criminal action brought under this |
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chapter for nuisance or trespass has an affirmative defense to that |
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action if the person's actions that resulted in the alleged |
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nuisance or trespass were authorized by a rule, permit, order, |
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license, certificate, registration, approval, or other form of |
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authorization issued by the commission or the federal government or |
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an agency of the federal government and: |
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(1) the person was in general compliance with that |
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rule, permit, order, license, certificate, registration, approval, |
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or other authorization while the alleged nuisance or trespass was |
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occurring; or |
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(2) the person received enforcement discretion from |
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the commission or the federal government or an agency of the federal |
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government for the actions that resulted in the alleged nuisance or |
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trespass. |
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SECTION 2. Section 7.257, Water Code, as added by this Act, |
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applies only to an enforcement action or prosecution that is |
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commenced on or after the effective date of this Act. An |
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enforcement action or prosecution commenced before the effective |
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date of this Act is governed by the law in effect on the date the |
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action or prosecution commenced, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |