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.