HBA-ALS H.B. 3385 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3385
By: Hilderbran
Land & Resource Management
3/24/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, a private property owner who brings an unsuccessful
governmental takings suit must pay the prevailing governmental entity's
attorney's fees and court costs.  There is a concern that this may
discourage private landowners from seeking recourse in cases of regulatory
takings. 

H.B. 3385 removes the requirement that a court or state agency must award
attorney's fees and court costs to a prevailing governmental entity in a
suit affecting private property. 

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 Section 2007.026, Government Code, to delete language
requiring a court or state agency to award a governmental entity that
prevails in a suit or contested case filed under this subchapter (relating
to governmental action affecting private property) reasonable and necessary
attorney's fees and court costs.  

SECTION 2.Makes application of this Act prospective.

SECTION 3.Emergency clause.
  Effective date: upon passage.