By: Bivins, Armbrister S.B. No. 1226 Lucio A BILL TO BE ENTITLED AN ACT 1-1 relating to the impact of governmental acts on the value of 1-2 property. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Title 4, Property Code, is amended by adding 1-5 Chapter 28 to read as follows: 1-6 CHAPTER 28. EVALUATION OF GOVERNMENTAL 1-7 ACTIONS AFFECTING PRIVATE PROPERTY 1-8 Sec. 28.001. DEFINITIONS. In this chapter: 1-9 (1) "Governmental entity" means: 1-10 (A) the legislature or a board, authority, 1-11 commission, council, committee, department, office, or agency in 1-12 the executive branch of state government; 1-13 (B) a political subdivision of the state; and 1-14 (C) a special purpose district. 1-15 (2) "Owner" means the owner of private property at the 1-16 time an applicable statute, ordinance, regulation, rule, 1-17 guideline, or policy was passed or the owner at the time a permit, 1-18 license, authorization, or governmental permission was denied 1-19 without reasonable cause. 1-20 (3) "Private property" means real or personal property 1-21 that is not owned by the state or by a governmental entity as 1-22 defined by this section. 1-23 Sec. 28.002. ATTORNEY GENERAL TO ISSUE GUIDELINES. (a) Not 2-1 later than January 1, 1994, the attorney general shall issue 2-2 guidelines to governmental entities to assist them in evaluating 2-3 governmental actions that affect private property to the extent 2-4 that compensation may be required under the United States 2-5 Constitution or the Texas Constitution. 2-6 (b) The attorney general shall update the guidelines 2-7 required by this section periodically. 2-8 Sec. 28.003. EVALUATION OF GOVERNMENTAL ACTION. (a) A 2-9 governmental entity shall, in a manner consistent with guidelines 2-10 established by Section 28.003, evaluate a proposed governmental 2-11 action under this chapter. An evaluation under this subsection 2-12 must include an analysis of: 2-13 (1) the effect of the proposed action on the use or 2-14 value of private property, including an evaluation of whether the 2-15 action requires compensation of private property owners under the 2-16 law; 2-17 (2) alternatives to the proposed action that would 2-18 lessen the effect on private property; and 2-19 (3) an estimate of the cost to the governmental entity 2-20 if the entity is required to compensate a private property owner. 2-21 Sec. 28.005. ACTIONS SUBJECT TO CHAPTER. (a) The following 2-22 actions of a governmental entity are subject to this chapter to the 2-23 extent that they limit or restrict the use of private property: 2-24 (1) a rule or emergency rule; 2-25 (2) a statute; 3-1 (3) an ordinance; 3-2 (4) a dedication; or 3-3 (5) the denial of a permit, license, authorization, or 3-4 other governmental permission if such denial is without cause. 3-5 (b) The following actions are not subject to this chapter: 3-6 (1) a formal exercise of the power of eminent domain; 3-7 (2) the repeal or amendment of a statute, rule, 3-8 ordinance, requirement, or other action if the repeal or amendment 3-9 lessens or reverses a limitation or restriction on the use of 3-10 private property; 3-11 (3) a governmental action mandated by a higher 3-12 governmental authority or pursuant to Chapter 61, Natural Resources 3-13 Code; 3-14 (4) law enforcement activity involving the seizure or 3-15 forfeiture of private property for a violation of law or as 3-16 evidence in a criminal proceeding; 3-17 (5) an order issued as the result of a violation of 3-18 law; or 3-19 (6) zoning ordinances. 3-20 Sec. 28.006. CONSTITUTIONAL OR STATUTORY RIGHTS NOT 3-21 RESTRICTED. Nothing in this chapter shall restrict any remedy or 3-22 right that any person or class of persons may have under any 3-23 provision of the United States Constitution or the Texas 3-24 Constitution or the statutes or laws of this state or of the United 3-25 States. 4-1 SECTION 2. (a) The change in law made by this Act applies 4-2 only to an action taken by a governmental entity on or after the 4-3 effective date of this Act. For purposes of this section, an 4-4 action is taken before the effective date of this Act if any 4-5 element of the action occurs before that date. 4-6 (b) An action taken before the effective date of this Act is 4-7 covered by the law in effect when the action was taken, and the 4-8 former law is continued in effect for that purpose. 4-9 SECTION 3. The importance of this legislation and the 4-10 crowded condition of the calendars in both houses create an 4-11 emergency and an imperative public necessity that the 4-12 constitutional rule requiring bills to be read on three several 4-13 days in each house be suspended, and this rule is hereby suspended, 4-14 and that this Act take effect and be in force from and after its 4-15 passage, and it is so enacted.