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.