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.