2011S0434-2 02/18/11
By: Hancock H.B. No. 2268
A BILL TO BE ENTITLED
AN ACT
relating to compliance with state and federal environmental
permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 7, Water Code, is amended
by adding Section 7.257 to read as follows:
Sec. 7.257. DEFENSE TO NUISANCE OR TRESPASS. A person, as
defined by Section 382.003, Health and Safety Code, who is subject
to an administrative, civil, or criminal action brought under this
chapter for nuisance or trespass has an affirmative defense to that
action if the person's actions that resulted in the alleged
nuisance or trespass were authorized by a rule, permit, order,
license, certificate, registration, approval, or other form of
authorization issued by the commission or the federal government or
an agency of the federal government and:
(1) the person was in general compliance with that
rule, permit, order, license, certificate, registration, approval,
or other authorization while the alleged nuisance or trespass was
occurring; or
(2) the person received enforcement discretion from
the commission or the federal government or an agency of the federal
government for the actions that resulted in the alleged nuisance or
trespass.
SECTION 2. Section 7.257, Water Code, as added by this Act,
applies only to an enforcement action or prosecution that is
commenced on or after the effective date of this Act. An
enforcement action or prosecution commenced before the effective
date of this Act is governed by the law in effect on the date the
action or prosecution commenced, and that law is continued in
effect for that purpose.
SECTION 3. 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, 2011.