BILL ANALYSIS



H.J.R. 14
By: Patterson
April 11, 1995
Committee Report (Unamended)


BACKGROUND

The rights of private property owners to protect and manage their
property have been eroded or encroached upon by others who seek to
control or use property outside the scope of property owners'
desires or consent.  Texas is 90% privately owned, and the economic
and social success of the state is based on the strength,
preservation and enhancement of private property and in insuring
the rights of citizens to control their property.  It is very
important that the laws governing the usage of private property be
well defined.  Some protection is given owners in statute and case
law, but the purpose is not stated so clearly as to allow owners
success in contesting all sorts of unauthorized use and frivolous
suits for damages.  

Both urban and rural property owners benefit from the amendment. 
It stakes out ground for private property owners to determine who
uses the property and for what reasons.  It shifts the burden of
proof in liability situations from the property owner to the person
using or damaging the property and finally establishes the
preeminence of private property rights in the constitution.

PURPOSE

This joint resolution proposes a constitutional amendment requiring
consent for use of and compensation for damages to private property
and releasing property owners from liability to persons using
property without consent.

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 Article I of the Texas Constitution by adding
           Section 17a.  Subsection (a) sets forth that a person
           who uses an owner's private property without the owner's
           consent is liable to the owner for damages resulting
           from the violation.  The subsection provides that the
           legislature may specify or regulate the damages in
           general law.

           Subsection (b) sets forth that a private property owner
           is not liable for damages to a person who uses the
           owner's private property without the owner's consent.

SECTION 2. Establishes that the amendment proposed by Section 1
           shall be submitted to voters at an election on November
           7, 1995.

SUMMARY OF COMMITTEE ACTION

H.J.R. 14 was considered by the committee in a public hearing on
March 7, 1995.

The following persons testified in favor of the resolution:

           Representative L. P. "Pete" Patterson; and

           Bill Powers, representing the Texas Farm Bureau.

The resolution was left pending.

H.J.R. 14 was considered by the committee in a public hearing on
April 11, 1995.

The resolution 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.