By Turner of Coleman, et al. H.B. No. 957 74R1217 JJT-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of a cause of action for an owner of land 1-3 harmed by certain actions of a governmental entity. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 5, Civil Practice and Remedies Code, is 1-6 amended by adding Chapter 111 to read as follows: 1-7 CHAPTER 111. LIABILITY FOR CERTAIN ACTIONS AFFECTING PROPERTY 1-8 Sec. 111.001. DEFINITION. In this chapter, "governmental 1-9 unit" has the meaning provided by Section 101.001. 1-10 Sec. 111.002. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO 1-11 SUE. (a) Sovereign immunity to suit is waived and abolished to 1-12 the extent of liability created by this chapter. 1-13 (b) A person having a claim under this chapter may sue a 1-14 governmental unit for damages allowed by this chapter. 1-15 Sec. 111.003. LIABILITY FOR CERTAIN REDUCTIONS OF REAL 1-16 PROPERTY VALUE. A governmental unit is liable to the owner of real 1-17 property for an amount equal to the amount the property is reduced 1-18 in value by a rule, ordinance, order, or other action of the unit 1-19 related to environmental protection or by a special designation by 1-20 the unit of a geographic area or of an animal or plant species if 1-21 the rule, ordinance, order, action, or designation is adopted for 1-22 the express purpose of reducing the value of any real property. 1-23 SECTION 2. (a) Chapter 111, Civil Practice and Remedies 1-24 Code, as added by this Act, applies only to liability under a rule, 2-1 ordinance, order, action, or special designation adopted on or 2-2 after the effective date of this Act. Liability under a rule, 2-3 ordinance, order, action, or special designation adopted before 2-4 that date is governed by the law in effect at the time the rule, 2-5 ordinance, order, action, or special designation is adopted, and 2-6 the former law is continued in effect for that purpose. 2-7 (b) For the purpose of this section, the adoption of a rule, 2-8 ordinance, order, action, or special designation includes the 2-9 adoption of an amendment to a rule, ordinance, order, action, or 2-10 special designation. 2-11 SECTION 3. The importance of this legislation and the 2-12 crowded condition of the calendars in both houses create an 2-13 emergency and an imperative public necessity that the 2-14 constitutional rule requiring bills to be read on three several 2-15 days in each house be suspended, and this rule is hereby suspended.