85R5791 AJA-F
 
  By: Workman H.B. No. 1135
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to enforcement of certain regulations by the acquisition
  of a conservation easement.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 183, Natural Resources
  Code, is amended by adding Section 183.007 to read as follows:
         Sec. 183.007.  ENFORCEMENT OF CERTAIN REGULATIONS BY
  CONSERVATION EASEMENT. (a)  Notwithstanding any other law, if the
  application of a provision of this code, the Government Code, the
  Local Government Code, or the Water Code, or of a rule, policy, or
  ordinance adopted under this code, the Government Code, the Local
  Government Code, or the Water Code, has the effect of requiring that
  more than 55 percent of the surface area of an owner's private real
  property, other than areas designated by the Federal Emergency
  Management Agency as being in the 100-year floodplain, remain in a
  natural or undeveloped state, the statute, rule, policy, or
  ordinance may not be enforced with respect to the property unless
  the enforcing entity acquires a conservation easement in accordance
  with this chapter that provides for the enforcement of the statute,
  rule, policy, or ordinance with respect to the property.
         (b)  If the enforcing entity has eminent domain authority
  that is broad enough to allow the entity to condemn a conservation
  easement described by this section, the entity may acquire the
  easement through the exercise of that authority.
         (c)  This section does not apply to:
               (1)  a lawful forfeiture or seizure of contraband, as
  defined by Article 59.01, Code of Criminal Procedure;
               (2)  a lawful seizure of property as evidence of a crime
  or violation of law;
               (3)  the authority of a municipality, county, or other
  political subdivision, the state, or an agency of the state with
  respect to the implementation or enforcement of a statutory
  standard of or an ordinance or rule adopted under:
                     (A)  the federal Coastal Zone Management Act of
  1972 (16 U.S.C. Section 1451 et seq.); or
                     (B)  Subtitle E, Title 2;
               (4)  a permit, order, rule, or other action issued,
  adopted, or undertaken by a municipality, county, or other
  political subdivision, the state, or an agency of the state in
  connection with:
                     (A)  the federal Coastal Zone Management Act of
  1972 (16 U.S.C. Section 1451 et seq.); or
                     (B)  Subtitle E, Title 2;
               (5)  the enforcement or implementation of Subchapter B,
  Chapter 61, as it existed on September 1, 1995, or to the
  enforcement or implementation of any rule or similar measure
  adopted under that subchapter and in existence on September 1,
  1995; or
               (6)  an action taken by a political subdivision to
  ensure compliance with on-site sewage facility regulations
  promulgated by the Texas Commission on Environmental Quality.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.