Saturday, March 19, 2011

Property Rights Destroying Bill in Texas Senate

Below is a bill that would essentially strip us of all property rights in regards to the tresspass of chemicals on our property, and any nuisance caused by that tresspass. Listed below are the state senators on this committee. I would urge you to call them immediately and oppose this bill. I think that most of us are fine with industry doing their business, but want them to keep their problems on their side of the fence. There is an action alert by the Texas Oil and Gas Accountablity Project that makes it easy and only takes a minute. Please click an this link: http://bit.ly/TXOGAP-SB875 and make a phone call if you can. For those who do not know, the zipcode in DISH is 76247. Please share with everyone on your email lists. Thanks.



2011S0434-2 02/18/11

By: Fraser
S.B. No. 875


A BILL TO BE ENTITLED

AN ACT

relating to compliance with state and federal environmental

permits.

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 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 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 general compliance with that

rule, permit, order, license, certificate, registration, approval,

or other authorization while the alleged nuisance or trespass was

occurring; or

(2) the person received enforcement discretion from

the commission or the federal government or an agency of the federal

government for the actions that resulted in the alleged nuisance or

trespass.

SECTION 2. Section 7.257, Water Code, as added by this Act,

applies only to an enforcement action or prosecution that is

commenced on or after the effective date of this Act. An

enforcement action or 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.


The Honorable Troy Fraser
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0124

The Honorable Craig Estes
State Capitol, Room 3E.8
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0130
(512) 463-8874 Fax

The Honorable Bob Deuell
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0102
(512) 463-7202 fax


The Honorable Robert Duncan
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0128
Toll Free (800) 322-9538
Fax: (512) 463-2424

The Honorable Kevin Eltife
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0101
(512) 475-3751 (Fax)

The Honorable Glenn Hegar
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0118
(512) 475-3736 (Fax)

The Honorable Juan "Chuy" Hinojosa
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0120
(512) 463-0229 Fax


The Honorable Mike Jackson
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0111
(512) 475-3727 Fax

The Honorable Robert Nichols
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0103
1-800-959-8633 (toll-free)

The Honorable Kel Seliger
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0131
(512) 475-3733 fax

The Honorable Carlos I. Uresti
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0119
(512) 463-1017 Fax
Calvin Tillman Mayor, DISH, TX (940) 453-3640 "Those who say it can not be done, should get out of the way of those that are doing it"