HB583 - Relating to the regulation of fences near certain reservoirs by certain counties.

  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.