BILL ANALYSIS



H.B. 1266
By: Hilderbran
April 10, 1995
Committee Report (Unamended)


BACKGROUND

Many property owners have invested their retirement income, or a
substantial portion of their savings in a piece of property. 
Further, the decline in rural wealth has left many property owners
with their property as the only portion of an estate that can be
passed on to the next generation.

Because environmental rules and regulations are becoming
increasingly complex, private property owners are, at times,
unaware that their customary land use techniques are now limited by
those rules and regulations.  In such instances, the affected
property owner is at the mercy of regulatory takings without the
benefit of sound legal advice.

PURPOSE

To create an office of Ombudsman for Private Property Rights.  The
Ombudsman will research and advise property owners on regulatory
takings issues, assist property owners in legal, administrative and
legislative proceedings, and inform private property owners of
other governmental services available to them.

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 Chapter 402 of the Government Code by adding;

           Subchapter D.  Ombudsman for Private Property Rights

           Section 402.061.   Definitions:

           (1)  "Private property" is defined as property protected
           by the 5th and 14th Amendment to the U.S. Constitution,
           or Section 17, Article I, of the Texas Constitution.

           (2)  "Taking" is defined as acquisition or proposed
           acquisition of private property by a state agency, that
           requires that agency to compensate landowners.

           Section 402.062.  Applicability:

           (a)  This act applies only to actions by a state agency
           involving:

               (1)  a proposed rule or emergency rule limiting the
               use of private property;

               (2)  a proposed or implemented licensing or
               permitting circumstance affecting the use of
               private property; or

               (3) a required dedication or exaction from property
           owners.


           (b) This act does not apply actions by a state agency
           involving:

               (1) eminent domain;

               (2) repeal or amendment of a rule to discontinue a
               governmental program that limits the uses of
               private property;

               (3) seizure or forfeiture of property for a
               violation of law, or evidence of a crime; or

               (4) an order authorized by statute that is issued
               by the state, or a court that results from a
               violation of law.

           Section 402.063  Ombudsman for Private Property Rights.

           (a)  Establishes an Ombudsman for Private Property
           Rights in the Texas Attorney General's Office.

           (b)  Authorizes the Attorney General to employ staff.

           (c)  Requires the Attorney General to prepare a
           quarterly report to the Governor, Lt. Governor and
           Speaker.

           Section 402.064  Powers and Duties.

           (a)  The ombudsman office may:

               (1)  research takings issues;

               (2)  advise private property owners on takings
           issues;

               (3)  assist property owners in judicial,
               administrative or legislative proceedings; and

               (4)  inform private property owners of available
               services.

           (b)  Requires ombudsman office to:

               (1)  receive inquiries from private property owners;
           and

               (2)  keep records of inquiries from private
               property owners, and determine their general
               concerns.

SECTION 2. Emergency clause.

SUMMARY OF COMMITTEE ACTION

H.B. 1266 was considered by the committee in a public hearing on
March 14, 1995.

The following persons testified in favor of the bill:

           Dan Byfield, representing the Farm Credit Bank of Texas;
           Bill Powers, representing the Texas Farm Bureau; and
           Rodney W. Eckert, representing himself.

The following person testified neutrally on the bill:

           Sandra Skrei, representing the National Audubon Society.


The bill was referred to the Subcommittee on Property Rights.

After being recalled from subcommittee, the bill was considered by
the committee in a formal meeting on April 6, 1995.  

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, 2 absent.