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A BILL TO BE ENTITLED
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AN ACT
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relating to acquiring real property interests for environmental |
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mitigation required for water projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.144, Water Code, is amended to read as |
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follows: |
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Sec. 16.144. ENVIRONMENTAL MITIGATION. (a) If a person |
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proposing to construct [a reservoir whose site has been designated |
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as unique for the construction of a reservoir under Section |
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16.051(g)] project under this chapter is required to mitigate |
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future adverse environmental effects arising from the construction |
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or operation of the [reservoir] project or its related facilities, |
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the person shall, if authorized by the applicable regulatory |
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authority, attempt to mitigate those effects by offering to |
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contract with and pay an amount of money to an owner of real |
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property [located outside of the reservoir site] to maintain the |
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property through an easement instead of acquiring the fee simple |
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title to the property for that purpose. |
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(b) An owner of real property may reject an offer made under |
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Subsection (a). If agreement on the terms of an easement under |
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Subsection (a) cannot be reached by the parties after a good faith |
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attempt and offer is made, then the party constructing the |
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[reservoir] project may obtain fee title to the property through |
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voluntary or involuntary means. |
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(c) If a person does not mitigate future adverse |
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environmental effects arising from the construction or operation |
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of a project or its related facilities, by an easement instead of |
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acquiring the fee simple title to the property, the person shall |
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submit an explanatory report to the board that provides the reasons |
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the person was not able to utilize an easement for mitigation. |
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SECTION 2. This Act takes effect September 1, 2025. |