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A BILL TO BE ENTITLED
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AN ACT
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relating to governmental actions affecting private property rights |
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in certain oil and gas wells. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2007.002(4), Government Code, is amended |
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to read as follows: |
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(4) "Private real property" means an interest in real |
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property recognized by common law, including any interest in an oil |
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or natural gas well or a groundwater or surface water right of any |
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kind, that is not owned by the federal government, this state, or a |
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political subdivision of this state. |
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SECTION 2. Sections 2007.003(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) This chapter applies only to the following governmental |
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actions: |
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(1) the adoption or issuance of an ordinance, rule, |
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regulatory requirement, resolution, policy, guideline, or similar |
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measure; |
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(2) an action that imposes a physical invasion or |
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requires a dedication or exaction of private real property; |
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(3) an action by a municipality that has effect in the |
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extraterritorial jurisdiction of the municipality, excluding |
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annexation, and that enacts or enforces an ordinance, rule, |
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regulation, or plan that does not impose identical requirements or |
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restrictions in the entire extraterritorial jurisdiction of the |
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municipality; [and] |
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(4) enforcement of a governmental action listed in |
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Subdivisions (1) through (3), whether the enforcement of the |
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governmental action is accomplished through the use of permitting, |
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citations, orders, judicial or quasi-judicial proceedings, or |
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other similar means; and |
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(5) an action by a political subdivision that imposes |
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or enforces a limitation that has the effect of preventing or |
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prohibiting the development of an oil or gas well that has been |
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permitted by the Texas Railroad Commission under Chapter 91, |
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Natural Resources Code. |
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(b) This chapter does not apply to the following |
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governmental actions: |
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(1) an action by a municipality except as provided by |
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Subsection (a)(3) or (5); |
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(2) a lawful forfeiture or seizure of contraband as |
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defined by Article 59.01, Code of Criminal Procedure; |
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(3) a lawful seizure of property as evidence of a crime |
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or violation of law; |
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(4) an action, including an action of a political |
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subdivision, that is reasonably taken to fulfill an obligation |
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mandated by federal law or an action of a political subdivision that |
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is reasonably taken to fulfill an obligation mandated by state law; |
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(5) the discontinuance or modification of a program or |
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regulation that provides a unilateral expectation that does not |
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rise to the level of a recognized interest in private real property; |
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(6) an action taken to prohibit or restrict a |
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condition or use of private real property if the governmental |
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entity proves that the condition or use constitutes a public or |
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private nuisance as defined by background principles of nuisance |
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and property law of this state; |
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(7) an action taken out of a reasonable good faith |
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belief that the action is necessary to prevent a grave and immediate |
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threat to life or property; |
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(8) a formal exercise of the power of eminent domain; |
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(9) an action taken under a state mandate to prevent |
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waste of oil and gas, protect correlative rights of owners of |
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interests in oil or gas, or prevent pollution related to oil and gas |
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activities; |
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(10) a rule or proclamation adopted for the purpose of |
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regulating water safety, hunting, fishing, or control of |
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nonindigenous or exotic aquatic resources; |
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(11) an action taken by a political subdivision: |
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(A) to regulate construction in an area |
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designated under law as a floodplain; |
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(B) to regulate on-site sewage facilities; |
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(C) under the political subdivision's |
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[subdivisions's] statutory authority to prevent waste or protect |
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rights of owners of interest in groundwater; or |
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(D) to prevent subsidence; |
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(12) the appraisal of property for purposes of ad |
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valorem taxation; |
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(13) an action that: |
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(A) is taken in response to a real and |
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substantial threat to public health and safety; |
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(B) is designed to significantly advance the |
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health and safety purpose; and |
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(C) does not impose a greater burden than is |
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necessary to achieve the health and safety purpose; [or] |
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(14) an action or rulemaking undertaken by the Public |
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Utility Commission of Texas to order or require the location or |
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placement of telecommunications equipment owned by another party on |
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the premises of a certificated local exchange company; or |
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(15) an action described by Subsection (a)(5) that |
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imposes or enforces a reasonable standard established by the |
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political subdivision for oil or gas wells relating to: |
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(A) visual aesthetics; |
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(B) noise abatement; or |
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(C) hours of operation. |
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SECTION 3. This Act takes effect September 1, 2013. |