Amend SB 1389 by striking SECTION 1 of the bill and
substituting the following:
      SECTION 1.  Subsection (5), Section 2007.001, Government
Code, is amended to read as follows:
      (5)  "Taking" means:
            (A)  a governmental action that affects private real
property, in whole or in part or temporarily or permanently, in a
manner that requires the governmental entity to compensate the
private real property owner as provided by the Fifth and Fourteenth
Amendments to the United States Constitution or Section 17 or 19,
Article I, Texas Constitution; or
            (B)  a governmental action that:
                  (i)  affects an owner's private real property
that is the subject of the governmental action, in whole or in part
or temporarily or permanently, in a manner that restricts or limits
the owner's right to the property that would otherwise exist in the
absence of the governmental action, but does not include private
real property that is not the subject of the governmental action
and that is merely nearby or adjacent to private real property that
is the subject of the governmental action; and
                  (ii)  is the producing cause of a reduction of at
least 25 percent in the market value of the affected private real
property, determined by comparing the market value of the property
as if the governmental action is not in effect and the market value
of the property determined as if the governmental action is in
effect.