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.