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.