By Cuellar of Webb                                     H.B. No. 665
       74R2777 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the evaluation and effect of certain governmental
    1-3  actions to acquire private property.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  The purpose of this Act is to educate state
    1-6  agencies and the public regarding the taking of private property
    1-7  and to provide a procedure for determining which governmental
    1-8  actions may result in a taking of private property in order to
    1-9  avoid an unnecessary burden on the state treasury and unwarranted
   1-10  interference with private property rights.  This Act is not
   1-11  intended to enlarge or reduce the scope of private property
   1-12  protections provided by the constitutions of the United States and
   1-13  this state.
   1-14        SECTION 2.  Title 10, Government Code, is amended by adding
   1-15  Chapter 2007 to read as follows:
   1-16        CHAPTER 2007.  AGENCY ACTIONS TO ACQUIRE REAL PROPERTY
   1-17        Sec. 2007.001.  DEFINITIONS.  In this chapter:
   1-18              (1)  "Private property" means real property that is not
   1-19  owned by the federal government or this state.
   1-20              (2)  "Taking" means acquiring private property by
   1-21  governmental action in a manner that requires the governmental
   1-22  entity to compensate the private property owner as provided by the
   1-23  Fifth or Fourteenth Amendment to the United States Constitution or
   1-24  Section 17, Article I, Texas Constitution.
    2-1        Sec. 2007.002.  APPLICABILITY.  In this chapter,
    2-2  "governmental action" does not include:
    2-3              (1)  the exercise of the power of eminent domain;
    2-4              (2)  the forfeiture or seizure of private property by
    2-5  law enforcement agencies as evidence of a crime or for a violation
    2-6  of law;
    2-7              (3)  an order authorized by statute that is issued by a
    2-8  court or state agency and that results from a violation of law; or
    2-9              (4)  the discontinuation of a government program.
   2-10        Sec. 2007.003.  GUIDELINES FOR EVALUATING GOVERNMENTAL
   2-11  ACTIONS.  (a)  The attorney general shall develop guidelines to
   2-12  assist state agencies in identifying and evaluating governmental
   2-13  actions that may result in a taking.
   2-14        (b)  The attorney general shall adopt guidelines that are
   2-15  consistent with the holdings of the United States Supreme Court and
   2-16  the supreme court of this state and review the guidelines at least
   2-17  annually to ensure their consistency.
   2-18        (c)  The attorney general shall publish the guidelines
   2-19  adopted under this chapter in the Texas Register.
   2-20        (d)  The guidelines adopted by the attorney general under
   2-21  this chapter do not enlarge or reduce the scope of private property
   2-22  protections provided by the United States Constitution or the
   2-23  constitution of this state.
   2-24        SECTION 3.  Title 5, Civil Practice and Remedies Code, is
   2-25  amended by adding Chapter 111 to read as follows:
   2-26         CHAPTER 111.  LIABILITY FOR ATTORNEY'S FEES AND COSTS
   2-27        Sec. 111.001.  UNCONSTITUTIONAL TAKING.  (a)  A court shall
    3-1  award court costs and reasonable and necessary attorney's fees to a
    3-2  private property owner who successfully establishes that a
    3-3  governmental action resulted in an unconstitutional taking.
    3-4        (b)  In this section:
    3-5              (1)  "Governmental action" does not include the actions
    3-6  excluded by Section 2007.002, Government Code.
    3-7              (2)  "Taking" has the meaning assigned by Section
    3-8  2007.001, Government Code.
    3-9        SECTION 4.  Subchapter B, Chapter 23, Tax Code, is amended by
   3-10  adding Section 23.11 to read as follows:
   3-11        Sec. 23.11.  GOVERNMENTAL ACTION THAT CONSTITUTES TAKING.
   3-12  (a)  If a court determines that a governmental action to which
   3-13  Chapter 2007, Government Code, applies results in an
   3-14  unconstitutional taking of private property, the effect of the
   3-15  governmental action on the value of the property shall be
   3-16  considered in determining the market value of the property.
   3-17        (b)  In this section, "taking" has the meaning assigned by
   3-18  Section 2007.001, Government Code.
   3-19        SECTION 5.  The importance of this legislation and the
   3-20  crowded condition of the calendars in both houses create an
   3-21  emergency and an imperative public necessity that the
   3-22  constitutional rule requiring bills to be read on three several
   3-23  days in each house be suspended, and this rule is hereby suspended.