Bill Text: TX SB39 | 2013 | 83rd Legislature 1st Special Session | Introduced
Bill Title: Relating to the condemnation of conservation easements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-06-11 - Filed [SB39 Detail]
Download: Texas-2013-SB39-Introduced.html
| By: Patrick | S.B. No. 39 | |
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| relating to the condemnation of conservation easements. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 21, Property Code, is | ||
| amended by adding Section 21.0122 to read as follows: | ||
| Sec. 21.0122. CONSERVATION EASEMENT BY OPERATION OF LAW. | ||
| (a) Except as provided by Subsection (b), the application of any | ||
| law, rule, policy, ordinance, or regulation promulgated under the | ||
| Government Code, Local Government Code, Natural Resources Code, | ||
| Transportation Code or Water Code that has the effect of requiring | ||
| that more than 55 percent of the surface area of an owner's private | ||
| real property remain in a natural or undeveloped state, exclusive | ||
| of the 100-year floodplain as determined by an agency of the federal | ||
| government is a conservation easement, the establishment and | ||
| enforcement of which requires: | ||
| (1) the consent of the owner under Chapter 183, | ||
| Natural Resources Code; or | ||
| (2) the exercise of the power of eminent domain under | ||
| this chapter. | ||
| (b) Subsection (a) does not apply to: | ||
| (1) the lawful forfeiture or seizure of contraband, as | ||
| defined by Article 59.01, Code of Criminal Procedure; | ||
| (2) the lawful seizure of property as evidence of a | ||
| crime or violation of law; | ||
| (3) the authority of a municipality, a county, another | ||
| political subdivision, the state, or an agency of the state with | ||
| respect to the implementation or enforcement of an ordinance, rule, | ||
| or statutory standard adopted under: | ||
| (A) the Coastal Zone Management Act of 1972 (16 | ||
| U.S.C. Section 1451 et seq.); or | ||
| (B) Subtitle E, Title 2, Natural Resources Code; | ||
| (4) a permit, order, rule, regulation, or other action | ||
| issued, adopted, or undertaken by a municipality, a county, another | ||
| political subdivision, the state, or an agency of the state in | ||
| connection with the laws described by Subdivisions (3)(A) and (B); | ||
| (5) the enforcement or implementation of Subchapter B, | ||
| Chapter 61, Natural Resources Code, as that subchapter 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 adopted | ||
| by the Texas Commission on Environmental Quality. | ||
| (7) an action by a municipality whose extraterritorial | ||
| jurisdiction is immediately adjacent to or includes all or part of a | ||
| federal military installation in active use as of September 1, | ||
| 2013. | ||
| 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, 2013. | ||
