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A BILL TO BE ENTITLED
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AN ACT
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relating to the condemnation of conservation easements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.0122, Property Code, is hereby |
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established as follows: |
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The application of any law, rule, policy, ordinance or |
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regulation promulgated under the Government Code, Local Government |
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Code, Water Code OR Natural Resources Code that has the effect of |
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requiring that more than 50% of the surface area of an owner's |
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private real property remain in a natural or undeveloped state, |
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exclusive of the 100-year floodplain as determined by agencies of |
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the United States government, is a conservation easement, the |
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establishment and enforcement of which will require: |
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(a) the consent of the owner under Chapter 183 of the |
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Natural Resources Code; or |
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(b) the exercise of the power of eminent domain under |
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this Chapter. |
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SECTION 2. Section 1 does not apply to the following |
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governmental actions: |
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(a) 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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(b) a lawful seizure of property as evidence of a crime |
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or violation of law; |
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(c) the authority of a municipality, a county, another |
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political subdivision, the state, or an agency of the state, with |
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respect to the implementation or enforcement of an ordinance, a |
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rule, or a statutory standard of a program, plan, or ordinance that |
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was adopted under: |
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(1) the federal Coastal Zone Management Act of |
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1972 (16 U.S.C. Section 1451 et seq.); or |
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(2) Subtitle E, Title 2, Natural Resources Code; |
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(d) a permit, order, rule, regulation, or other action |
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issued, adopted, or undertaken by a municipality, a county, another |
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political subdivision, the state, or an agency of the state in |
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connection with: |
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(1) the federal Coastal Zone Management Act of |
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1972 (16 U.S.C. Section 1451 et seq.); or |
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(2) Subtitle E, Title 2, Natural Resources Code; |
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or |
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(e) the enforcement or implementation of Subchapter B, |
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Chapter 61, Natural Resources Code, as it existed on September 1, |
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1995, or to the enforcement or implementation of any rule or similar |
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measure that was adopted under that subchapter and was in existence |
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on September 1, 1995. |
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(f) an action taken by a political subdivision to |
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ensure compliance with on-site sewage facility regulations |
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promulgated by the Texas Commission on Environmental Quality. |
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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, 2013. |