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
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   3-14  Name:  David Langford                            x
   3-15  Representing:  Trans Texas Heritage Assn
   3-16  City:  Alpine
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   3-18  Name:  Harry Savio                               x
   3-19  Representing:  TX Capitol Area Builders
   3-20  City:  Austin
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   3-22  Name:  Maury Hood                                x
   3-23  Representing:  TX Capitol Area Builders
   3-24  City:  Austin
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   3-26  Name:  Kathryn Heidmann                          x
   3-27  Representing:  Hill Country Landowners Assn
   3-28  City:  Georgetown
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   3-30  Name:  Dan Byfield                               x
   3-31  Representing:  TX Farm Bureau
   3-32  City:  Austin
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   3-34  Name:  Ed Small                                  x
   3-35  Representing:  TX & Southwest Cattleraisers
   3-36  City:  Austin
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   3-38  Name:  Ross Wilson                               x
   3-39  Representing:  TX Cattle Feeders Assn
   3-40  City:  Amarillo
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   3-42  Name:  Steve Hudson                              x
   3-43  Representing:  TX Assn of Builders
   3-44  City:  Austin
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   3-46  Name:  Kenneth Horton                            x
   3-47  Representing:  TX Park Producers Assn
   3-48  City:  Austin
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