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.