| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation of fences near certain reservoirs by |
|
|
certain counties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 240, Local Government |
|
|
Code, is amended by adding Section 240.911 to read as follows: |
|
|
Sec. 240.911. REGULATION OF FENCES NEAR CERTAIN RESERVOIRS |
|
|
BY CERTAIN COUNTIES. (a) In this section, "conservation capacity" |
|
|
means the capacity of a reservoir's conservation pool as determined |
|
|
by the Texas Water Development Board. |
|
|
(b) This section applies only to a county that: |
|
|
(1) has a population of less than 52,000; and |
|
|
(2) has a reservoir partially located within its |
|
|
boundaries that: |
|
|
(A) has a conservation capacity of more than |
|
|
250,000 acre-feet; and |
|
|
(B) is partially located in another county with a |
|
|
population of less than 52,000. |
|
|
(c) The commissioners court of a county shall adopt an order |
|
|
prohibiting a person from constructing or maintaining a fence or |
|
|
similar structure in an area located beyond the water line of a |
|
|
reservoir described by Subsection (b)(2) at conservation capacity. |
|
|
(d) A county may bring an action for an injunction to |
|
|
enforce an order adopted under this section. The county may recover |
|
|
reasonable attorney's fees and costs incurred in the action if the |
|
|
county prevails in the action. |
|
|
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, 2025. |