| 1 | 1 | | 89R1842 SCL-F |
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| 2 | 2 | | By: Lopez of Bexar H.B. No. 583 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the regulation of fences near certain reservoirs by |
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| 10 | 10 | | certain counties. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter Z, Chapter 240, Local Government |
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| 13 | 13 | | Code, is amended by adding Section 240.911 to read as follows: |
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| 14 | 14 | | Sec. 240.911. REGULATION OF FENCES NEAR CERTAIN RESERVOIRS |
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| 15 | 15 | | BY CERTAIN COUNTIES. (a) In this section, "conservation capacity" |
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| 16 | 16 | | means the capacity of a reservoir's conservation pool as determined |
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| 17 | 17 | | by the Texas Water Development Board. |
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| 18 | 18 | | (b) This section applies only to a county that: |
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| 19 | 19 | | (1) has a population of less than 52,000; and |
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| 20 | 20 | | (2) has a reservoir partially located within its |
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| 21 | 21 | | boundaries that: |
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| 22 | 22 | | (A) has a conservation capacity of more than |
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| 23 | 23 | | 250,000 acre-feet; and |
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| 24 | 24 | | (B) is partially located in another county with a |
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| 25 | 25 | | population of less than 52,000. |
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| 26 | 26 | | (c) The commissioners court of a county shall adopt an order |
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| 27 | 27 | | prohibiting a person from constructing or maintaining a fence or |
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| 28 | 28 | | similar structure in an area located beyond the water line of a |
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| 29 | 29 | | reservoir described by Subsection (b)(2) at conservation capacity. |
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| 30 | 30 | | (d) A county may bring an action for an injunction to |
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| 31 | 31 | | enforce an order adopted under this section. The county may recover |
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| 32 | 32 | | reasonable attorney's fees and costs incurred in the action if the |
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| 33 | 33 | | county prevails in the action. |
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| 34 | 34 | | SECTION 2. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2025. |
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