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.