By Hilderbran H.B. No. 1266
74R2876 PAM-D
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 or Fourteenth Amendment to the United States
1-16 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. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.