By: Fraser S.B. No. 875
(Hancock, Smith of Harris, Chisum)
A BILL TO BE ENTITLED
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 related
to 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.