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.