By: Yost H.B. No. 485 73R1606 MJW-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the taking of private property by a governmental 1-3 entity. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. DEFINITIONS. In this Act: 1-6 (1) "Governmental entity" means a: 1-7 (A) board, authority, commission, council, 1-8 committee, department, office, or agency in the executive branch of 1-9 state government; 1-10 (B) state institution of higher education; 1-11 (C) municipality, county, or other political 1-12 subdivision of the state; and 1-13 (D) special purpose district, including a school 1-14 district and a water district. 1-15 (2) "Private property" means real or personal property 1-16 that is not owned by the state or by a governmental entity as 1-17 defined by this Act. 1-18 SECTION 2. LIMITING ACTION BY GOVERNMENTAL ENTITIES 1-19 AFFECTING PRIVATE PROPERTY RIGHTS. To minimize governmental action 1-20 affecting private property rights, a governmental entity shall: 1-21 (1) avoid imposing an undue burden on the resources of 1-22 that entity or another governmental entity caused by actions that 1-23 require compensation of private property owners under the United 1-24 States Constitution or the Texas Constitution; 2-1 (2) limit or restrict use of private property only to 2-2 the extent necessary to accomplish a legitimate governmental goal 2-3 that benefits persons served by the entity; and 2-4 (3) expedite a decision by the entity in a case in 2-5 which delay of the decision may interfere with the use or value of 2-6 private property. 2-7 SECTION 3. ATTORNEY GENERAL GUIDELINES. (a) Not later than 2-8 January 1, 1994, the attorney general shall issue guidelines to 2-9 governmental entities to assist them in identifying governmental 2-10 actions that affect private property to the extent that 2-11 compensation may be required under the United States Constitution 2-12 or Texas Constitution. 2-13 (b) The attorney general shall annually update the 2-14 guidelines required by this section. 2-15 SECTION 4. DESIGNATION OF ASSISTANT ATTORNEY GENERAL TO 2-16 OVERSEE COMPLIANCE WITH ACT. (a) The attorney general shall 2-17 designate one or more assistant attorneys general to oversee 2-18 compliance with this Act. 2-19 (b) An assistant attorney general designated under this 2-20 section shall, on request of a governmental entity or any other 2-21 person, assess a proposed governmental action under this Act. An 2-22 assessment under this subsection must include an analysis of: 2-23 (1) the effect of the proposed action on the use or 2-24 value of private property, including an evaluation of whether the 2-25 action requires compensation of private property owners under the 2-26 law; 2-27 (2) alternatives to the proposed action that would 3-1 lessen the effect on private property; and 3-2 (3) an estimate of the financial cost to the 3-3 governmental entity if the entity is required to compensate a 3-4 private property owner. 3-5 (c) The attorney general may hire staff as necessary to 3-6 assist in performing assessments under this section. 3-7 SECTION 5. APPLICATION OF ACT. (a) The following actions 3-8 of a governmental entity are subject to this Act to the extent that 3-9 they limit or restrict the use of private property: 3-10 (1) a rule or emergency rule; 3-11 (2) an ordinance; 3-12 (3) a licensing or permitting requirement; and 3-13 (4) a dedication. 3-14 (b) The following actions are not subject to this Act: 3-15 (1) a formal exercise of the power of eminent domain; 3-16 (2) the repeal or amendment of a rule, ordinance, 3-17 requirement, or other action if the repeal or amendment lessens or 3-18 reverses a limitation or restriction on the use of private 3-19 property; 3-20 (3) law enforcement activity involving the seizure or 3-21 forfeiture of private property for a violation of law or as 3-22 evidence in a criminal proceeding; or 3-23 (4) an order issued as the result of a violation of 3-24 law. 3-25 SECTION 6. (a) This Act applies only to an action taken by 3-26 a governmental entity on or after the effective date of this Act. 3-27 For purposes of this section, an action is taken before the 4-1 effective date of this Act if any element of the action occurs 4-2 before that date. 4-3 (b) An action taken before the effective date of this Act is 4-4 covered by the law in effect when the action was taken, and the 4-5 former law is continued in effect for this purpose. 4-6 SECTION 7. The importance of this legislation and the 4-7 crowded condition of the calendars in both houses create an 4-8 emergency and an imperative public necessity that the 4-9 constitutional rule requiring bills to be read on three several 4-10 days in each house be suspended, and this rule is hereby suspended, 4-11 and that this Act take effect and be in force from and after its 4-12 passage, and it is so enacted.