FINAL OFFICIAL REPORT OF THE REAL ESTATE LEGISLATIVE AFFAIRS COMMITTEE
Real Estate, Probate, and Trust Law Section of the State Bar of Texas
Significant BIlls of the 81st Legislature, Regular Session, Affecting Real Estate, Lending, and other Commercial Matters (June 23, 2009)
[376 KB, PDF]

NOTE: the selection of bills for inclusion on this page is subjectively determined by Mark McPherson. There are additional bills filed relating to each of these topics. All bills filed in the 81st Legislature's Regular Session may be viewed at www.capitol.state.tx.us.

For House Committee members: http://www.house.state.tx.us/committees/welcome.htm

For Senate Committee members: http://www.senate.state.tx.us/75r/senate/Commit.htm

THIS PAGE LAST REVISED ON: AUGUST 21, 2009

CALENDAR:

Here are your dates of interest:

CALENDAR
May 11 Last day for House Committees to report House Bills and House Joint Resolutions
May 12 Deadline for House to print and distribute last House Daily Calendar with nonlocal House Bills and House Joint Resolutions
May 13 Deadline for House to print and distribute last House Local and Consent Calendar with consent House Bills
May 14 Last day for House to consider nonlocal House Bills and Joint Resolutions on Second Reading
May 15 Last day for House to consider nonlocal House Bills and Joint Resolutions on third reading and to consider Consent House Bills on Second and Third Reading
May 20 Deadline for House to print and distribute last House Local and Consent Calendar with local House Bills
May 22 Last day for House to consider local House bills; first day Senate can consider bills and resolutions the first day they are posted on the Intent Calendar
May 23 Last day for House committees to report Senate Bills and Senate Joint Resolutions
May 24 Deadline for House to print and distribute last House Daily Calendar with Senate Bills and Joint Resolutions
May 25 Deadline for House to print and distribute last House Local and Consent Calendar with Senate Bills
May 26 Last day for House to consider Senate Bills and Joint Resolutions, other than Local or Consent, on second reading
May 27 Last day for House to consider Local and Consent Senate Bills on second reading or any Senate Bills or joint resolutions on third reading
May 28 Midnight deadline for House to print and distribute Senate amendments
May 29 Last day for House to consider Senate amendments; midnight deadline for Senate to print and distribute Senate copies of conference committee reports on tax, general appropriations, and reapportionment bills; last day for Senate committees to report all bills
May 30 Midnight deadline for House to print and distribute House copies of all conference committee reports; Midnight deadline for Senate to print and distribute all conference committee reports on bills other than tax, general appropriations, adn reapportionment bills and all House amendments to Senate bills taht did not go to a conference committee.
May 31 Last day for House to adopt conference committee reports; Last day for Senate to concur in House amendments or adopt conference committee reports
June 1 Last day of the 81st Legislature's Regular Session
June 21 Last day Governor can sign or veto bills passed during the regular session
August 31 Date that bills without specific effective dates become law

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BUSINESS OWNERS:

Bill Caption Progress JMM Comments
SB 1442 Relating to business entities and associations Effective 5-20-09 Omnibus, 63 page bill of changes to the Texas Business Organizations Code.
SB 1773 Relating to the applicability of certain laws governing corporations to limited liability companies Apparent Death by Chubbing in the House Companion is HB 3624. Would clarify that certain statutes prohibiting the piercing of a corporation's veil also apply to similarly prohibit the piercing of an LLC's veil (i.e. not allowing plaintiffs to hold owners liable for entity debts). Expected to pass.

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CONSTRUCTION (Commercial and Residential):

Bill Topic

Progress

JMM Comments
HB 1513 Relating to construction contract trust funds and the misapplication of those funds Effective 9-1-09 Appears to be aimed at protecting creditors of contractors who file bankruptcy, by protecting payment of trust funds from being drawn into the bankruptcy estate.
SB 16 Relating to the enhancement of air quality, including the capture of carbon dioxide and development of a greenhouse gas registry, the development of emissions reduction technologies, and the improvement of energy efficiency in buildings, vehicles, and appliances; providing civil penalties

Death by Chubbing

Comprehensive clean air and energy efficiency bill. Among other provisions, this bill would require buildings constructed after 9-1-2009 to meet 2009 International Energy Conservation Code standards. Unfortunately, this bill was placed on the calendar for consideration by the House immediately following the Voter ID bill, and so it died by Chubbing.
SB 555 Relating to indemnification provisions in construction contracts Death by Chubbing Companion is HB 818. Would add Title 10 to Civil Practices and Remedies Code. Would generally void as against public policy any construction contract provision that requires an indemnitor to indemnify another party to the extent the claim was caused by the indemnitee or certain related parties. Would also void contract provisions requiring insurance policy coverage of these voided claims.

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DEVELOPMENT AND PLANNING:

Bill Topic Progress JMM Comments
SB 820 Relating to the adoption and amendment of model building codes by municipalities Effective 5-23-09 Allows cities to form Model Codes Advisory Boards to recommend changes to the national model codes; specifies composition of such a board; provides an alternate process to change a model code (focused on notifying affected persons of the city's intent to make a change); requires a city to delay effectiveness of a model code until 30 days after adoption. This bill was introduced at Texas Apt. Association's request. Texas Municipal League was neutral.
HB 1511 Relating to requirements that fire sprinkler systems be installed in certain dwellings Dead Would exempt one-family or two-family dwellings under 7,500 square feet in size from any requirement mandating installation of an automatic sprinkler system.
HB 1680 Relating to an application filed with a county commissioners court to revise a subdivision plat Dead; Ran out of time Would allow the county commissioner's court to impose a fee for these applications, which amount must be based on the cost of processing the application, including the notices required.
HB 2783 Relating to the adoption of energy efficient building standards Dead; Ran out of time Among other things, would replace the 2001 version of the International Residential Code (energy efficiency provisions) with the 2009 version of this code, and make them the official energy code in Texas for single-family residential construction.
HB 3065 Relating to municipal registration of vacant buildings Effective 1-1-2010 Gives cities power to require the owner of the surface estate on which a vacant building sat to register the site with the city. "Vacant" generally means unoccupied for 150 days OR if the building consists of 3 or more units, 75% unoccupied for 150 days. Here's the kicker: a city may refuse to allow registration until the building is completely code-compliant and all fines have been paid in full. The city may require the owner to carry a certain amount of insurance on the building as well. And what if the statute is not followed? Criminal violation: Class C misdemeanor.
SB 968 Relating to interactive water features and fountains Effective 6-19-09 Requires those in charge of interactive water features and fountains to maintain such feature in a sanitary condition. Specifies minimum standards for the water, such as free residual chlorine and pH levels. Authorizes cities and counties to require a permit for the feature or fountain and charge an annual fee for the permit. There are inspection rights in this bill, as well as the power to order the feature or fountain closed for violations.

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EMINENT DOMAIN:

Bill Topic Progress JMM Comments
HB 2685 Relating to the landowner's bill of rights Effective 1-15-2010 Directs the Attorney General to change the form of notice of a landowner's bill of rights in connection with the exercise of eminent domain powers.
HJR 14 Proposing constitutional amendments limiting the public taking of private property, establishing the national research university fund to fund emerging research universities, and eliminating the higher education fund Election Date 11-3-09 Would amend the Texas Constitution to more clearly define the circumstances under which a person's private property may be taken for a public use, and what compensation is required for the taking. HOWEVER, the Legislature failed to pass the funding bill for this HJR (SB 18-next bill listed), so if HJR 14 passes at election, the next Legislature will have to fund it.
SB 18 Relating to the use of eminent domain authority. Apparent Death by Chubbing Similar to a bill that passed last session but was vetoed by the Governor; this term it is supported by the Governor (in his bid for reelection); chances of passage appear better than average. Would define "public use" and restrict the use of eminent domain power to land taken for public use.Would enact the "Truth in Condemnation Procedures Act" which proposes very detailed processes before and during condemnation proceedings.

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ENVIRONMENTAL:

Bill Topic Progress JMM Comments
SB 184 Relating to "no regrets" greenhouse gas emission reduction strategies Effective 9-1-09 Requires the TCEQ to prepare, not later than 12-31-2009, a report listing the strategies for reducing emissions of greenhouse gasses in Texas that may result in net savings for consumers or businesses, or can be achieved without financial cost to consumers or businesses.
SB 213 Relating to a manifest system to record the transportation of certain liquid wastes Died in House Calendars Would require uniform manifest documentation issued by the TCEQ for: municipal sewage sludge, grit trap waste, and grease trap waste; for the purpose of ensuring that such waste is transported to an appropriate processing, storage, or disposal facility or site permitted or authorized for that purpose. Records would have to be maintained for 3 years.
SB 1080 Relating to compliance with federal occupational safety and health standards in environmental enforcement Effective 9-1-09 Allows a person to avoid enforcement by showing that an act or event that otherwise would be a violation of a statute or TCEQ rule, order, or permit, was caused solely by compliance with the federal OSHA statute.
SB 1449 Relating to the appointment of a receiver to remedy hazardous properties Effective 9-1-09 Allows a home-rule city, or nonprofit housing organization approved by a home-rule city, to sue an owner not in substantial compliance with certain city ordinances (think environmental safety), and allows a court to appoint a receiver (either a non-profit housing organization or an individual, with sufficient resources and experience rehabilitating properties). This practically gives the receiver nearly absolute control over the property, including the ability to enter loan and grant agreements for repairs or improvements, collect and spend rents-they can do anything but sell the property-but wait! The court may order the improvements demolished upon making certain findings, and then order the property sold. The receiver has the option to pay a receivership fee of 10% fo the costs and expenses (do you think that'd ever happen?). And yet, there's more. The receiver gets a lien on the property superior to all other liens except a tax lien, for all unpaid costs and expenses, and receivership fee.

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FORECLOSURES:

Bill Topic Progress JMM Comments
HB 655 Relating to payment to a trustee or substitute trustee after public sale of foreclosed property

Effective 9-1-09

Changes required deadline to pay purchase price successfully bid at a foreclosure sale from "immediately" to one hour after the sale's conclusion. The tightening of the last session needed a bit of loosening to be practical.
SB 472 Relating to notice required before and period to vacate after foreclosure sale of real property Conference Committee report printed too late to pass this session Would change 20 day foreclosure notice period required to be given by a mortgage servicer to 45 days; would require the servicer to give a new notice, on canary yellow paper, describing the foreclosure process and notifying the debtor of certain rights, within 5 days after the notice the servicer must attempt to talk with the debtor by phone; would allow the owner 31 days after the foreclosure sale to vacate the property. Also would require the owner to notify the tenant within 7 days after it receives a foreclosure notice. Still working my way through the amended version.

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FRANCHISE TAX:

Bill Topic Progress JMM Comments
HB 4765 Relating to the total revenue exemption for the franchise tax
Generally, January 1, 2010, except Section 1 takes effect January 1, 2010, and Sections 2 and 3 take effect January 1, 2012, only if the changes to Tax Code, Section 155.0211, contained in HB 2154 result in an attributable increase in tax revenue during the state fiscal biennium beginning September 1, 2009. Otherwise, Section 1 has no effect, and Sections 2 and 3 take effect January 1, 2010.

For two years, businesses subject to franchise tax may make less than $1 million per year in gross revenues, and file a "no tax due" return (up from $300,000). After two years, the amount is reduced from $1 million annually to $600,000 annually.

Look for this to change again the next Legislature. And the next...and the next....as the Leg uses these business income tax revenues to match state expenses.

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GROUNDWATER CONSERVATION DISTRICTS:

Bill Topic Progress JMM Comments
HB 1518 Relating to the addition of territory to and the amount of production fees imposed by the Trinity Glen Rose Groundwater Conservation District Effective 6-19-09 Limits this GCD to imposing fees of not more than $1 per acre foot of water for AG use, or not more than $40 per acre foot of water for any other use. Addresses moving areas from one GCD to this GCD based on city annexation actions.
HB 1664 Relating to an exemption for groundwater used for certain puposes from production fees assessed by the Upper Trinity Groundwater Conservation District Effective 6-19-09 Requires this GCD to exempt from the payment of production fees any groundwater used for firefighting purposes by an emergency services district or a fire department.
HB 2063 Relating to the enforcement of rules by a groundwater conservation district Effective 6-19-09 Clarifies that a district may enforce Chapter 36 and its rules against "any person."
SB 1209 Relating to the Middle Trinity Groundwater Conservation District Effective 6-19-09 Changes the method of election of its board members, and the composition of its board members, in anticipation of this GCD annexing the area of 1, or 2, or 3 additional counties. Would allow this GCD to impose fees on persons for violations of its rules or failure to comply with a GCD order in addition to those granted by 36.102.
HB 3140 Relating to authorizing the transfer of certain abandoned or forfeited property to groundwater conservation districts Effective 9-1-09 Generally allows law enforcement agencies to transfer to a district property forfeited due to criminal activities.
SB 2543 Relating to the enforcement of rules by the Harris-Galveston Subsidence District and the Fort Bend Subsidence District; providing penalties Effective 6-19-09 Clarifies penalties available for violations of district rules.
SB 1386 Relating to priority groundwater management areas Apparent Death by Chubbing Would change the PGMA definition from a 25 year future look-see period to a 50 year period. Would allow the TCEQ to adopt rules regarding the creation of a district, or the addition of land into an existing district, over all or part of a PGMA that was designated a critical area under prior Water Code Chapter 35 (circa 1997).
SB 2529 Relating to the creation of the Red River Groundwater Conservation District; providing authority to issue bonds Effective 9-1-09 Creates the new Red River GCD consisting of Grayson and Fannin Counties. Has no power to tax property values. Production fees are up to $1 per acre-foot used for AG, $0.30 for each 1,000 gallons for non-AG use. Gives this GCD the ability to assess production fees on all exempt wells other than 36.117(b)(1) (D&L) wells. IN MY OPINION PORTIONS OF THIS ENABLING ACT MAY BE UNCONSITUTIONAL.
HB 4743 Relating to the creation of the Terrell County Groundwater Conservation District; providing authority to impose a tax and issue bonds Dead Would create the Terrell County GCD consisting of all of Terrell County. Could impose ad valorem taxes up to 1.5 cents on each $100 valuation of taxable property in the GCD. Also, production fees could be up to $0.25 per acre foot of AG use, $0.0425 per 1,000 gallons of other use.
SB 1544 Relating to the creation of the Prairielands Groundwater Conservation District; providing authority to issue bonds and granting the power of eminent domain Apparent Death by Chubbing; so this bill was passed as an amendment to SB 726 Creates the Prairielands GCD initially composed of the following counties: Ellis, Hill, Johnson and Somervell. May be expanded to include Navarro County. Overrides the 36.117 exemptions by requiring all exempt wells to comply with spacing requirements; includes additional mandatory items for consideration in granting permits. IN MY OPINION PORTIONS OF THIS ENABLING ACT MAY BE UNCONSTITUTIONAL.
SB 2296 Relating to the timing of submittal of groundwater management plans Apparent Death by Chubbing Would add 36.1072(e-1), which would allow a district to submit a new or re-adopted groundwater management plan within one year after the district receives a MAG amount, in lieu of other appilcable deadlines. Would allow the executive administrator to grant extensions of this time period.
SB 2319 Relating to the creation of a groundwater conservation district in a priority groundwater management area Apparent Death by Chubbing Would enact Sen. Averitt's preferred policy statewide, mandating creation of multi-county districts in a PGMA as the default standard.
SB 2497 Relating to the creation of the North Texas Groundwater Conservation District; providing authority to issue bonds Effective 5-27-09 Creates the North Texas GCD consisting of Collin, Cooke and Denton counties. Has no power to tax property values. Production fees are up to $1 per acre-foot used for AG, $0.30 for each 1,000 gallons for non-AG use. Gives this GCD the ability to assess production fees on all exempt wells other than 36.117(b)(1) (D&L) wells. IN MY OPINION PORTIONS OF THIS ENABLING ACT MAY BE UNCONSTITUTIONAL.

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INJECTION WELLS:

Bill Topic Progress JMM Comments
HB 1890 Relating to notification of applications for permits for certain injection wells Died on Senate Calendar; ran out of time Would require the RRC to notify a GCD of any injection well permit application for a well to be located in the district, and would allow the GCD to make recommendations to the RRC concerning any aspect of the application.

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LANDLORD/TENANT:

Bill
Topic
Progress
JMM Comments
HB 534 Relating to the liability of certain obligors under a residential lease
Effective 1-1-2010
"A person other than a tenant who cosigns or guarantees a lease is liable only for the original lease term." Any lease provision seeking to change this term is void.
HB 882 Relating to a residential tenant's right of restoration after certain unlawful conduct Effective 1-1-2010 Changes the section that currently addresses residential rights to reentry after unlawful lockout to giving a tenant the right to obtain an order from a JP requiring the landlord to restore the premises to the condition prior to the alleged unlawful conduct. Writs of re-entry would become writs of restoration.
HB 1109 Relating to late fees under a residential lease Effective 6-19-09 Changes the statute allowing a landlord to charge a late fee, from rent that remains unpaid after the second day after it is due, to one full day after the date the rent was due.
SB 83 Relating to a right to vacate and avoid residential lease liability following the occurrence of certain sex offenses or domestic violence; providing a penalty Effective 1-1-2010 Extends lease termination rights in situations where someone has survived a sexual assault that occurred either in their rental unit or on the premises, and the resident has provided 30 days written notice. Would also extend similar termination rights in domestic violence cases in which the assailant was not actually cohabitating with the person who is abused. This bill is supported by the Texas Apt. Association.
SB 1448 Relating to actions in a justice court regarding the repair of residential rental property Effective 1-1-2010 Amends current law relating to actions in a justice court regarding the repair of residential rental property to provide an affordable and timely recourse to occupants who wish to take direct corrective action to protect their families and possessions.
SB 1449 Relating to the appointment of a receiver to remedy hazardous properties Effective 9-1-09 Authorizes a home-rule municipality, or an eligible nonprofit housing organization, to bring an action in district court against an owner of property that is not in substantial compliance with one or more municipal ordinances regarding the prevention of substantial risk of injury to any person or property or the prevention of an adverse health impact to any person.
SB 1945 Relating to the personal liability of, and acceptance of service of citation by, an employee of the owner of real property or of a company that manages real property Effective 1-1-2010 Requires an employee of the owner of real property or a management company, in order to avoid personal liability for a city or county code violation, to provide the property owner's name, current address and telephone number, within 24 hours of receiving the citation.
SB 2126 Relating to the authority of owners and managers of apartment houses to assess a service charge for the submetering of water and wastewater services

Effective 9-1-09

Allows the owner of an apartment complex or manufactured housing community to impose a service charge of not more than 9% of the costs related to submetering allocated to each submetered rental or dwelling unit.

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LENDING, MORTGAGES, AND MORTGAGE BROKERS:

Bill Topic Progress JMM Comments
HB 10 Relating to the regulation of mortgage loan originators; providing a penalty

Effective 6-19-09

Enacts the "Secure and Fair Enforcement for Mortgage Licensing Act" (SAFE for MoLA) , whose purpose is to protect consumers seeking mortgage loans and to ensure that the mortgage lending industry is operating without unfair, deceptive or fraudulent practices by mortgage loan originators. This bill was generated (some say necessitated) by a recently enacted federal statute. Requires annual licensing of all mortgage loan originators. Also requires them to register with the Nationwide Mortgage Licensing System and Registry. Requires criminal and other background checks. Imposes mandatory continuing education requirements. Licensed persons must file annual reports of condition and put their unique idenfiying number on certain documents, including business cards, ads, websites, and mortgage loan applications. Also see HB 2774 and 2779 below for other bills that enact other parts of SAFE for MoLA.
HB 2735 Relating to the continuation and functions of the Credit Union Dept. and the Credit Union Commission Effective 9-1-09 This is the Sunset Advisory Commission bill for the continuation of the Credit Union Dept. and Credit Union Commission.
HB 2774 Relating to the licensing and regulation of certain persons involved in mortgage lending September 1, 2009, except Section 5 takes effect April 1, 2010, and Sections 9 and 12 take effect January 1, 2011. This bill relates to the federal "Secure and Fair Enforcement for Mortgage Licensing Act" (SAFE for MoLA). This bill mostly affects Chapter 156 of the Finance Code (Mortgage Brokers).
HB 2779 Relating to amending the Texas Mortgage Banker Registration Act to provide for licensing and regulation of mortgage banker employees who are residential mortgage originators and providing enforcement and penalties Effective 6-19-09 Changes name of act to "Mortgage Banker Registration and Loan Originator License Act" which must have a practical basis, because "MBRLOLA" does not make sense (in this TARP world). This is a 28 page bill and is a major overhaul to the licensing and disciplining of: (1) loan processors or underwriters; (2) mortgage bankers (now limited to residential mortgage loans); (3) mortgage loan originators; and (4) mortgage loan servicers. Expands "residential mortgage" definition from being the first lien to being any lien position. This bill enacts other parts of the SAFE for MoLA federal statute (see HB 10 and HB 2774 above).
HB 2840 Relating to mortgage fraud; providing a criminal penalty Effective 9-1-09 Goes after appraisers who commit fraud in connection with a residential real estate closing.

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LICENSING: Geoscience Professionals

Bill Topic Progress JMM Comments
SB 940 Relating to the regulation of the public practice of geoscience Effective 9-1-09 The Legislature has concluded that the statutory process by which a complaint against a geoscientist is handled is not specific enough and does not allow for the sufficient oversight and regulation of the geoscientist profession. Also, there is no procedure for Texas Board of Professional Geoscientists (TBPG) to initiate an investigation, maintain the confidentiality of the investigation, or issue advisory opinions. This is a very comprehensive bill which addresses and attempts to resolve these and other issues.

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OIL AND GAS:

Bill Topic Progress JMM Comments
HB 472 Relating to the requirements regarding reporting by a common carrier or pipeline owner or operator of contamination
Effective 9-1-0

Changes the definition of "owner of land" to the surface owner(s). Requires a common carrier to report detection of subsurface petroleum-based contamination of soil or water in proximity to a pipeline to the owner of the land, any occupant of the land, and the TCEQ. Establishes time periods for notice, and a process to follow if the owner could not be otherwise identified. Exempts from this notice requirement contamination that is in proximity to (1) a gathering line, or (2) a pipeline that is located entirely within a tract that is subject to an oil and gas lease.

HB 1420 Relating to the regulation by the Railroad Commission of Texas of the transportation of drilling mud
Passed the House; ran out of time in the Senate
Would require persons who transport drilling mud to equip and maintain the vehicle in a manner that would prevent the drilling mud from escaping or being deposited by the vehicle on a public road or highway. The RRC would issue administrative penalties for non-compliance.
HB 1526 Relating to the authority of a common purchaser that transports natural gas by pipeline to use a public right-of-way for a pipeline
Passed the House; ran out of time in the Senate
Would give "common purchasers" the right to lay and maintain pipeline over, under, across, and along a public road or municipal street or alley, but if within city limits, only after obtaining the city's consent (and subject to any conditions the city might happen to impose).
SB 902 Relating to restrictions on the release into the air of natural associated vapors from a gas well Apparent Death by Chubbing Would only apply to gas wells anticiipated to be or actually completed in the Newark, East (Barnett Shale) Field. Would allow for limited (but larger than otherwise) flaring as permitted by the RRC upon a showing the necessity for the escape. Flared gas would be charged to the operator's allowable production. There are 4 specific (and non-exclusive) examples/instances of "necessity". Would provide that after a well is fractured or refractured, the operator must minimize the release of gas and vapors as soon as practicable.
HB 2259 Relating to the plugging of inactive oil or gas wells Effective 9-1-09 Changes the definition of "delinquent inactive well". Requires the operator of an inactive well, on or before the date the operator is required to renew the operator's organization report, to plug the well. Prohibits the RRC from renewing or approving the organization report until the operator is in compliance with the entire subchapter. Allows the RRC to extend the deadline for plugging inactive wells on certain conditions. New operators of existing inactive wells generally must separately comply with these requirements-the deadline extensions are not generally transferrable.
HB 2333 Relating to the lease of certain oil, gas, or mineral land by a municipality Effective 6-19-09 Gives municipalities the ability to lease streets, alleys and public squares provided the lease prohibited the lessee from using the surface of the land.
SB 1387 Relating to the injection and geologic storage of anthorpogenic carbon dioxide Effective 9-1-09 Generally gives the TCEQ regulatory authority over anthorpogenic carbon dioxide injection wells. Requires the applicant to obtain and provide a letter from the RRC stating that the proposed well would not endanger or injure any known oil or gas reservoir. However, the RRC has jurisdiction over the injection of anthorpogenic carbon dioxide into a reservoir that is initially productive of oil, gas, or geothermal resources or a saline formation directly above or below such reservoir. In these cases, the applicant must obtain a letter from the TCEQ's ED that the proposed well and/or storage would not endanger any freshwater strata in the area and that the formation or stratum to be used is not freshwater sand. Directs the TCEQ and RRC to amend their Memorandum of Understanding as necessary to comply with this new subchapter. Adds a new Subchapter R to Natural Resources Code Chapter 91, allowing the RRC to issue injection well permits for multiple purposes and to convert injection wells from one purpose to a different purpose. Provides that the owner of stored anthorpogenic carbon dioxide is the storage operator or their heirs, successors or assigns. Provides that the RRC has jurisdiction of the extraction of anthorpogenic carbon dioxide from a storage facility.

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WATER:

Bill Topic Progress JMM Comments
HB 857 Relating to the penalty for certain outdoor burning violations Effective 9-1-09 Introduces gradual increases in the class of misdemeanor for outdoor burning depending on how many times the person violated this section. It's a Class A if tires or copper wire insulation get burned.
HB 1295 Relating to notification of an application related to a certificate of public convenience and necessity for water or sewer service Effective 9-1-09 Adds rquirement that an applicant notify the county and any GCD wholly or partly in the proposed area.
HB 3544 Relating to electronic notices by the Texas Commission on Environmental Quality, electronically stored information provided by a governmental body, and confidentiality of e-mail addresses provided to a governmental body Effective 9-1-09 Allows the TCEQ to communicate electronically for notices, orders and decisions.
HB 3818 Relating to the repeal of the power of certain districts and water supply corporations to allow the use of right-of-way easements for certain energy-related purposes Effective 9-1-09 Simply repeals Water Code 49.2205. The caption is otherwise self explanatory.
HB 4043 Relating to notifications to certain purchasers of real property that may be located in an area subject to a certificate of convenience and necessity for water or sewer service Effective 6-19-09 Clarifies in the list of transactions exempt from the CCN notice requirement that a transfer of title to property located within the corporate limits of a municipality that is served by a municipally owned utility.
SB 876 Relating to the performance of annual soil tests for certain concentrated animal feeding operations by the Commission on Environmental Quality Effective 6-1-2010 Moves responsibility to collect representative composite soil samples from each waste application field associated with a permitted concentrated animal feeding operation, and test them, from the operator to the TCEQ.