CPC S.B. 1389 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
S.B. 1389
By: Lindsay (Hamric)
5-15-97
Committee Report (Unamended)


BACKGROUND 

Last session the Legislature passed the Private Real Property Act which
included a two year exemption for counties.  This exemption ends on
September 1, 1997.  Counties are concerned with the fiscal impact of this
legislation due to pending litigation and requirements for Takings Impact
Assessments.  

The issue of adjacent property could put a governmental entity in a
catch-22.  For example, if the county denies a permit for a sexually
oriented business, the permit-seeker could sue, and if it grants the
permit, the neighbor could sue, alleging effect on property values by
location of the offensive land use.  This problem could also apply when
counties attempt to find a site for jails or juvenile boot camps. 

PURPOSE

SB 1389 clarifies that Takings Impact Assessments should only be conducted
for property directly affected, not surrounding land.  The failure to
prepare a Taking Impact Assessment as required by the Act could result in
invalidation by a landowner suit with costs and attorney's fees being
assessed against the county, counties must be sure about their
responsibilities and duties regarding Takings Impact Assessments. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subdivision (5), Section 2007.002, Government Code, to
clarify that private real property which is adjacent or nearby to the
property effected by a governmental action is not included under the
provisions of this Act. 

SECTION 2. Effective Date:  September 1, 1997.

SECTION 3. Emergency Clause.