S.B. No. 875
AN ACT
relating to compliance with state and federal environmental permits
as a defense to certain actions for nuisance or trespass.
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) 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 arising from greenhouse
gas emissions 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 substantial compliance with that
rule, permit, order, license, certificate, registration, approval,
or other authorization while the alleged nuisance or trespass was
occurring; or
(2) the commission or the federal government or an
agency of the federal government exercised enforcement discretion
in connection with the actions that resulted in the alleged
nuisance or trespass.
(b) This section does not apply to nuisance actions solely
based on a noxious odor.
SECTION 2. Section 7.257, Water Code, as added by this Act,
applies only to an administrative enforcement action, a civil
action, or a prosecution that is commenced on or after the effective
date of this Act. An administrative enforcement action, a civil
action, or a 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 875 passed the Senate on
April 4, 2011, by the following vote: Yeas 23, Nays 8;
May 26, 2011, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 27, 2011, House
granted request of the Senate; May 28, 2011, Senate adopted
Conference Committee Report by the following vote: Yeas 23,
Nays 8.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 875 passed the House, with
amendments, on May 25, 2011, by the following vote: Yeas 78,
Nays 65, one present not voting; May 27, 2011, House granted
request of the Senate for appointment of Conference Committee;
May 28, 2011, House adopted Conference Committee Report by the
following vote: Yeas 135, Nays 7, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor