By Hilderbran, Combs, Turner of Coleman, Black        H.B. No. 1266
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to creating an ombudsman office to represent private
    1-3  property owners in certain proceedings.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 402, Government Code, is amended by
    1-6  adding Subchapter D to read as follows:
    1-7         SUBCHAPTER D.  OMBUDSMAN FOR PRIVATE PROPERTY RIGHTS
    1-8        Sec. 402.061.  DEFINITIONS.  In this subchapter:
    1-9              (1)  "Private property" means property that is
   1-10  protected by the Fifth or Fourteenth Amendment to the United States
   1-11  Constitution or Section 17, Article I, Texas Constitution.
   1-12              (2)  "Taking" means the acquisition or proposed
   1-13  acquisition of private property by a state agency in a manner that
   1-14  requires the agency to compensate the private property owner as
   1-15  provided by the Fifth and Fourteenth Amendments to the United
   1-16  States Constitution or Section 17, Article I, Texas Constitution.
   1-17        Sec. 402.062.  APPLICABILITY.  (a)  This subchapter applies
   1-18  only to an action by a state agency involving:
   1-19              (1)  a proposed rule or emergency rule that, if adopted
   1-20  and enforced, could limit the use of private property;
   1-21              (2)  a proposed or implemented licensing or permitting
   1-22  condition, requirement, or restriction affecting the use of private
   1-23  property; or
   1-24              (3)  a required dedication or exaction from private
    2-1  property owners.
    2-2        (b)  This subchapter does not apply to an action by a state
    2-3  agency involving:
    2-4              (1)  the exercise of the power of eminent domain;
    2-5              (2)  the repeal of a rule in order to discontinue a
    2-6  governmental program or the amendment of a rule in a manner that
    2-7  limits interference with the use of private property;
    2-8              (3)  the seizure or forfeiture of private property by
    2-9  law enforcement agencies for a violation of law or as evidence of a
   2-10  crime; or
   2-11              (4)  an order authorized by statute that is issued by a
   2-12  state agency or court and that results from a violation of law.
   2-13        Sec. 402.063.  OMBUDSMAN FOR PRIVATE PROPERTY RIGHTS.  (a)
   2-14  The attorney general shall establish an ombudsman office in the
   2-15  office of the attorney general to represent the interests of
   2-16  private property owners in proceedings involving a state agency
   2-17  action subject to this chapter.
   2-18        (b)  The attorney general may employ the necessary staff to
   2-19  carry out the functions and duties of the ombudsman office.
   2-20        (c)  The attorney general shall submit a report describing
   2-21  the activities and accomplishments of the ombudsman office to the
   2-22  governor, lieutenant governor, and the speaker of the house of
   2-23  representatives not later than the 30th day after the date each
   2-24  calendar quarter ends.
   2-25        Sec. 402.064.  POWERS AND DUTIES.  (a)  The ombudsman office
   2-26  may:
   2-27              (1)  research, study, and analyze issues relating to
    3-1  takings;
    3-2              (2)  advise private property owners on issues relating
    3-3  to takings;
    3-4              (3)  prepare and present briefs and arguments or
    3-5  intervene or appear on behalf of private property owners in
    3-6  general, or a specific private property owner, in a judicial,
    3-7  legislative, or administrative hearing or proceeding; and
    3-8              (4)  inform private property owners of services
    3-9  available from other governmental and private entities.
   3-10        (b)  The ombudsman office shall:
   3-11              (1)  receive complaints and inquiries from private
   3-12  property owners relating to takings; and
   3-13              (2)  record all contacts by private property owners to
   3-14  determine the general concerns of private property owners.
   3-15        SECTION 2.  In establishing the ombudsman office under
   3-16  Subchapter D, Chapter 402, Government Code, as added by this Act,
   3-17  the attorney general shall use staff employed by the attorney
   3-18  general immediately before the effective date of this Act.
   3-19        SECTION 3.  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.