HBA-NLM H.B. 2935 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2935 By: Corte Land & Resource Management 4/6/1999 Introduced BACKGROUND AND PURPOSE The 74th Legislature passed the Private Real Property Rights Preservation Act (act) which gives property owners a legal remedy when land is devalued by at least 25 percent as a result of a governmental action, such as a taking. Current law authorizes a court to require the taking of property as a result of a governmental action to be rescinded or to require the responsible governmental entity to compensate the property owner for the loss in value to the land. However, most municipal actions are exempt from these actions. H.B. 2935 removes the exemption and requires municipalities to comply with the provisions of the act. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 2007.003(a) and (b), Government Code, as follows: (a) Deletes existing text from Subdivision (3) relating to an action by a municipality that has effect in the extraterritorial jurisdiction of the municipality. Redesignates existing text from Subdivision (4) to (3). Makes a conforming change. (b) Makes a conforming change. Redesignates existing Subdivisions (3)-(14) to Subdivisions (2)-(13). SECTION 2. Amends Section 2007.041(a), Government Code, to make a conforming change. SECTION 3. Amends Section 2007.042(a), Government Code, to make conforming changes. SECTION 4. Amends Section 2007.043(a), Government Code, to make conforming changes. SECTION 5. (a) Provides that this Act takes effect September 1, 1999, and makes application of this Act prospective, except as provided by Subsection (b) of this section. (b) Provides that the application of Sections 2007.041 and 2007.042, Government Code, to a governmental action described by Section 2007.003(a), Government Code, as amended by this Act, does not take effect until January 1, 2000, and makes application of a governmental action described by Section 2007.003(a), as amended by this Act, prospective. SECTION 6. Emergency clause.