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.