By: Lindsay S.B. No. 1389 A BILL TO BE ENTITLED AN ACT 1-1 relating to certain governmental actions that constitute a taking. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Subdivision (5), Section 2007.002, Government 1-4 Code, is amended to read as follows: 1-5 (5) "Taking" means: 1-6 (A) a governmental action that affects private 1-7 real property, in whole or in part or temporarily or permanently, 1-8 in a manner that requires the governmental entity to compensate the 1-9 private real property owner as provided by the Fifth and Fourteenth 1-10 Amendments to the United States Constitution or Section 17 or 19, 1-11 Article I, Texas Constitution; or 1-12 (B) a governmental action that: 1-13 (i) affects an owner's private real 1-14 property that is the subject of the governmental action, in whole 1-15 or in part or temporarily or permanently, in a manner that 1-16 restricts or limits the owner's right to the property that would 1-17 otherwise exist in the absence of the governmental action, but does 1-18 not include private real property that is not the subject of the 1-19 governmental action and that is merely nearby or adjacent to 1-20 private real property that is the subject of the governmental 1-21 action; and 1-22 (ii) is the producing cause of a reduction 1-23 of at least 25 percent in the market value of the affected private 2-1 real property, determined by comparing the market value of the 2-2 property as if the governmental action is not in effect and the 2-3 market value of the property determined as if the governmental 2-4 action is in effect. 2-5 SECTION 2. This Act takes effect September 1, 1997. 2-6 SECTION 3. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended.