Texas House Bill HB2268

Texas 2011 - 82nd Regular

• Introduced: 3/4/11
• Refer: 3/10/11

Caption

Relating to compliance with state and federal environmental permits.

Impact

The passage of HB2268 is expected to have significant implications on how environmental compliance is handled in Texas. By providing a statutory defense to those accused of nuisance or trespass, the bill could potentially reduce the number of frivolous lawsuits against compliant businesses and individuals. This could enhance operational stability for sectors sensitive to environmental regulations, providing them with assurances that their adherence to legal permits will be recognized in court. Such a change may also encourage more entities to engage with state and federal environmental permitting processes, as the risks associated with compliance are mitigated.

Summary

House Bill 2268 proposes amendments to the Texas Water Code, specifically introducing a new section that establishes a defense against nuisance or trespass claims for individuals or entities that are in compliance with state and federal environmental permits. This legislative measure aims to enhance the legal protections for those operating under valid environmental authorizations, ensuring that they are not unfairly held liable for actions conducted in conformity with the rules and permits granted by regulatory bodies. The introduction of such a defense ensures that individuals can prove their adherence to established environmental regulations amidst allegations of nuisance or trespass.

Sentiment

The sentiment surrounding HB2268 is predominantly positive among business leaders and proponents of regulatory relief, who view it as a necessary step to protect responsible operators from legal actions that could undermine their efforts to comply with environmental standards. Conversely, environmental advocacy groups may express concerns, arguing that the bill could encourage lax compliance practices if individuals believe they can evade responsibility by simply obtaining a permit. This polarization indicates a broader debate around environmental protection and economic development, where divergent views on regulation and liability are expressed.

Contention

Notable points of contention regarding HB2268 include the balance between enforcing environmental standards and providing legal protections for businesses. Detractors might argue that by enshrining a defense for compliance, the bill could inadvertently tolerate minor infractions as long as entities hold a permit, which might dilute the enforcement of stringent environmental protections. Such issues point to an ongoing struggle within Texas between economic interests and environmental stewardship efforts, highlighting the challenges in legislating without inadvertently favoring one side over the other.