89R1842 SCL-F
By: Lopez of Bexar H.B. No. 583
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of fences near certain reservoirs by
certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 240, Local Government
Code, is amended by adding Section 240.911 to read as follows:
Sec. 240.911. REGULATION OF FENCES NEAR CERTAIN RESERVOIRS
BY CERTAIN COUNTIES. (a) In this section, "conservation capacity"
means the capacity of a reservoir's conservation pool as determined
by the Texas Water Development Board.
(b) This section applies only to a county that:
(1) has a population of less than 52,000; and
(2) has a reservoir partially located within its
boundaries that:
(A) has a conservation capacity of more than
250,000 acre-feet; and
(B) is partially located in another county with a
population of less than 52,000.
(c) The commissioners court of a county shall adopt an order
prohibiting a person from constructing or maintaining a fence or
similar structure in an area located beyond the water line of a
reservoir described by Subsection (b)(2) at conservation capacity.
(d) A county may bring an action for an injunction to
enforce an order adopted under this section. The county may recover
reasonable attorney's fees and costs incurred in the action if the
county prevails in the action.
SECTION 2. 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, 2025.