1-1 By: Bivins, Armbrister S.B. No. 1226
1-2 (In the Senate - Filed March 12, 1993; March 16, 1993, read
1-3 first time and referred to Committee on State Affairs; May 6, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 7, Nays 0; May 6, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 COMMITTEE SUBSTITUTE FOR S.B. No. 1226 By: Sibley
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to the impact of governmental acts on the value of
1-25 property.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Title 4, Property Code, is amended by adding
1-28 Chapter 28 to read as follows:
1-29 CHAPTER 28. LIABILITY OF GOVERNMENTAL
1-30 ENTITY FOR DIMINUTION IN VALUE
1-31 Sec. 28.001. DEFINITIONS. In this chapter:
1-32 (1) "Diminution in value" means a reduction in the
1-33 fair market value of property.
1-34 (2) "Governmental entity" means:
1-35 (A) the legislature or a board, authority,
1-36 commission, council, committee, department, office, or agency in
1-37 the executive branch of state government;
1-38 (B) a political subdivision of the state; and
1-39 (C) a special purpose district.
1-40 (3) "Owner" means the owner of private property at the
1-41 time an applicable statute, ordinance, regulation, rule,
1-42 guideline, or policy was passed or the owner at the time a permit,
1-43 license, authorization, or governmental permission was denied
1-44 without reasonable cause.
1-45 (4) "Private property" means real or personal property
1-46 that is not owned by the state or by a governmental entity as
1-47 defined by this section.
1-48 Sec. 28.002. LEGISLATIVE INTENT. It is the intent of this
1-49 legislation that a governmental entity:
1-50 (1) avoid imposing an undue burden on the resources of
1-51 that entity or another governmental entity caused by actions that
1-52 require compensation of private property owners under the United
1-53 States Constitution or the Texas Constitution;
1-54 (2) limit or restrict the use of private property only
1-55 to the extent necessary to accomplish a legitimate governmental
1-56 goal that benefits persons served by the entity; and
1-57 (3) expedite a decision by the entity in cases in
1-58 which a delay of the decision may interfere with the use or value
1-59 of private property.
1-60 Sec. 28.003. ATTORNEY GENERAL TO ISSUE GUIDELINES. (a) Not
1-61 later than January 1, 1994, the attorney general shall issue
1-62 guidelines to governmental entities to assist them in identifying
1-63 governmental actions that affect private property to the extent
1-64 that compensation may be required under the United States
1-65 Constitution or the Texas Constitution.
1-66 (b) The attorney general shall update the guidelines
1-67 required by this section periodically.
1-68 Sec. 28.004. ASSESSMENT OF GOVERNMENTAL ACTION. (a) A
2-1 governmental entity shall, in a manner consistent with guidelines
2-2 established by Section 28.003, assess a proposed governmental
2-3 action under this chapter. An assessment under this subsection
2-4 must include an analysis of:
2-5 (1) the effect of the proposed action on the use or
2-6 value of private property, including an evaluation of whether the
2-7 action requires compensation of private property owners under the
2-8 law;
2-9 (2) alternatives to the proposed action that would
2-10 lessen the effect on private property; and
2-11 (3) an estimate of the cost to the governmental entity
2-12 if the entity is required to compensate a private property owner.
2-13 Sec. 28.005. ACTIONS SUBJECT TO CHAPTER. (a) The following
2-14 actions of a governmental entity are subject to this chapter to the
2-15 extent that they limit or restrict the use of private property:
2-16 (1) a rule or emergency rule;
2-17 (2) a statute;
2-18 (3) an ordinance;
2-19 (4) a dedication; or
2-20 (5) the denial of a permit, license, authorization, or
2-21 other governmental permission if such denial is without cause.
2-22 (b) The following actions are not subject to this chapter:
2-23 (1) a formal exercise of the power of eminent domain;
2-24 (2) the repeal or amendment of a statute, rule,
2-25 ordinance, requirement, or other action if the repeal or amendment
2-26 lessens or reverses a limitation or restriction on the use of
2-27 private property;
2-28 (3) a governmental action mandated by a higher
2-29 governmental authority or pursuant to Chapter 61, Natural Resources
2-30 Code;
2-31 (4) law enforcement activity involving the seizure or
2-32 forfeiture of private property for a violation of law or as
2-33 evidence in a criminal proceeding;
2-34 (5) an order issued as the result of a violation of
2-35 law; or
2-36 (6) zoning ordinances.
2-37 Sec. 28.006. CONSTITUTIONAL OR STATUTORY RIGHTS NOT
2-38 RESTRICTED. Nothing in this chapter shall restrict any remedy or
2-39 right that any person or class of persons may have under any
2-40 provision of the United States Constitution or the Texas
2-41 Constitution or the statutes or laws of this state or of the United
2-42 States.
2-43 SECTION 2. (a) The change in law made by this Act applies
2-44 only to an action taken by a governmental entity on or after the
2-45 effective date of this Act. For purposes of this section, an
2-46 action is taken before the effective date of this Act if any
2-47 element of the action occurs before that date.
2-48 (b) An action taken before the effective date of this Act is
2-49 covered by the law in effect when the action was taken, and the
2-50 former law is continued in effect for that purpose.
2-51 SECTION 3. The importance of this legislation and the
2-52 crowded condition of the calendars in both houses create an
2-53 emergency and an imperative public necessity that the
2-54 constitutional rule requiring bills to be read on three several
2-55 days in each house be suspended, and this rule is hereby suspended,
2-56 and that this Act take effect and be in force from and after its
2-57 passage, and it is so enacted.
2-58 * * * * *
2-59 Austin,
2-60 Texas
2-61 May 6, 1993
2-62 Hon. Bob Bullock
2-63 President of the Senate
2-64 Sir:
2-65 We, your Committee on State Affairs to which was referred S.B. No.
2-66 1226, have had the same under consideration, and I am instructed to
2-67 report it back to the Senate with the recommendation that it do not
2-68 pass, but that the Committee Substitute adopted in lieu thereof do
2-69 pass and be printed.
2-70 Harris of
3-1 Dallas, Chairman
3-2 * * * * *
3-3 WITNESSES
3-4 FOR AGAINST ON
3-5 ___________________________________________________________________
3-6 Name: James Johnson x
3-7 Representing: City of Austin
3-8 City: Austin
3-9 -------------------------------------------------------------------
3-10 Name: David Langford x
3-11 Representing: TX Wildlife Assn
3-12 City: San Antonio
3-13 -------------------------------------------------------------------
3-14 Name: David Langford x
3-15 Representing: Trans Texas Heritage Assn
3-16 City: Alpine
3-17 -------------------------------------------------------------------
3-18 Name: Harry Savio x
3-19 Representing: TX Capitol Area Builders
3-20 City: Austin
3-21 -------------------------------------------------------------------
3-22 Name: Maury Hood x
3-23 Representing: TX Capitol Area Builders
3-24 City: Austin
3-25 -------------------------------------------------------------------
3-26 Name: Kathryn Heidmann x
3-27 Representing: Hill Country Landowners Assn
3-28 City: Georgetown
3-29 -------------------------------------------------------------------
3-30 Name: Dan Byfield x
3-31 Representing: TX Farm Bureau
3-32 City: Austin
3-33 -------------------------------------------------------------------
3-34 Name: Ed Small x
3-35 Representing: TX & Southwest Cattleraisers
3-36 City: Austin
3-37 -------------------------------------------------------------------
3-38 Name: Ross Wilson x
3-39 Representing: TX Cattle Feeders Assn
3-40 City: Amarillo
3-41 -------------------------------------------------------------------
3-42 Name: Steve Hudson x
3-43 Representing: TX Assn of Builders
3-44 City: Austin
3-45 -------------------------------------------------------------------
3-46 Name: Kenneth Horton x
3-47 Representing: TX Park Producers Assn
3-48 City: Austin
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