BILL ANALYSIS



H.B. 957
By: Turner, Bob
April 19, 1995
Committee Report (Unamended)


BACKGROUND

Many landowners believe that the listing of species under the
federal Endangered Species Act and the designation of wetlands,
critical habitat, and Outstanding National Resource Waters are
being made for the express purpose of devaluing certain properties
so that governmental entities can more easily purchase those
properties for preserves or parkland.

PURPOSE

The purpose of this bill is to create a cause of action for
landowners whose property has been devalued through an action of a
governmental entity for the express purpose of devaluing the land.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1  Amends Title 5, Civil Practice and Remedies Code, by
           adding Chapter 111, as follows: 

 CHAPTER 111.  LIABILITY FOR CERTAIN ACTIONS AFFECTING PROPERTY

     Sec. 111.001.  DEFINITION.
           Defines "governmental unit" by referring to Section
           101.001 of this code.  

     Sec. 111.002. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO
SUE.
           (a)Provides that sovereign immunity to suit and to
           liability is waived and abolished to the extent of
           liability created by this chapter.

           (b) Authorizes a person having a claim under this
           chapter to sue a governmental unit for damages allowed
           under this chapter.

     Sec. 111.003.  LIABILITY FOR CERTAIN REDUCTIONS OF REAL
     PROPERTY
               VALUE
           States that a governmental unit is liable to a landowner
           for an amount equal to the amount the landowner's
           property value is reduced due to a rule, regulation,
           ordinance, order, action or designation that is adopted
           for the express purpose of reducing the value of the
           landowner's real property.

SECTION 2  Establishes that this Act only applies to liability
           under a rule, ordinance, order, action, or special
           designation adopted on or after the effective date of
           this Act.  Liability under a rule, ordinance, order,
           action, or special designation adopted before that date
           is governed by the law in effect at the time the rule,
           ordinance, order, action, or special designation is
           adopted, and the former law is continued in effect for
           that purpose.  This Act would also apply to the adoption
           of an amendment to a rule, ordinance, order, action, or
           special designation.

SECTION 3  Emergency clause.

SUMMARY OF COMMITTEE ACTION

H.B. 957 was considered by the committee in a public hearing on
April 18, 1995.

The bill was left pending.

H.B. 957 was considered by the committee in a public hearing on
April 18, 1995.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
6 ayes, 0 nays, 0 pnv, 3 absent.