Sunday, March 27, 2011
DRC Article
This is an article by a graduate student. She did a very nice job, take a look. http://www.dentonrc.com/sharedcontent/dws/drc/localnews/stories/DRC_dish_0327.2237e19e0.html
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"
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"
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