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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 permits |
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as a defense to certain actions for nuisance or trespass. |
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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) A |
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person, as defined by Section 382.003, Health and Safety Code, who |
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is subject to an administrative, civil, or criminal action brought |
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under this chapter for nuisance or trespass arising from greenhouse |
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gas emissions has an affirmative defense to that action if the |
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person's actions that resulted in the alleged nuisance or trespass |
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were authorized by a rule, permit, order, license, certificate, |
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registration, approval, or other form of authorization issued by |
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the commission or the federal government or an agency of the federal |
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government and: |
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(1) the person was in substantial 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 commission or the federal government or an |
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agency of the federal government exercised enforcement discretion |
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in connection with the actions that resulted in the alleged |
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nuisance or trespass. |
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(b) This section does not apply to nuisance actions related |
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to a noxious odor. |
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SECTION 2. Section 7.257, Water Code, as added by this Act, |
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applies only to an administrative enforcement action, a civil |
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action, or a prosecution that is commenced on or after the effective |
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date of this Act. An administrative enforcement action, a civil |
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action, or a prosecution commenced before the effective date of |
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this Act is governed by the law in effect on the date the action or |
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prosecution commenced, and that law is continued in effect for that |
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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. |