By Corte                                              H.B. No. 2935
         76R994 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to requiring municipalities to comply with the Private
 1-3     Real Property Rights Preservation Act.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 2007.003(a) and (b), Government Code,
 1-6     are amended to read as follows:
 1-7           (a)  This chapter applies only to the following governmental
 1-8     actions:
 1-9                 (1)  the adoption or issuance of an ordinance, rule,
1-10     regulatory requirement, resolution, policy, guideline, or similar
1-11     measure;
1-12                 (2)  an action that imposes a physical invasion or
1-13     requires a dedication or exaction of private real property; and
1-14                 (3)  [an action by a municipality that has effect in
1-15     the extraterritorial jurisdiction of the municipality, excluding
1-16     annexation, and that enacts or enforces an ordinance, rule,
1-17     regulation, or plan that does not impose identical requirements or
1-18     restrictions in the entire extraterritorial jurisdiction of the
1-19     municipality; and]
1-20                 [(4)]  enforcement of a governmental action listed in
1-21     Subdivisions (1) and (2) [through (3)], whether the enforcement of
1-22     the governmental action is accomplished through the use of
1-23     permitting, citations, orders, judicial or quasi-judicial
1-24     proceedings, or other similar means.
 2-1           (b)  This chapter does not apply to the following
 2-2     governmental actions:
 2-3                 (1)  [an action by a municipality except as provided by
 2-4     Subsection (a)(3);]
 2-5                 [(2)]  a lawful forfeiture or seizure of contraband as
 2-6     defined by Article 59.01, Code of Criminal Procedure;
 2-7                 (2) [(3)]  a lawful seizure of property as evidence of
 2-8     a crime or violation of law;
 2-9                 (3) [(4)]  an action, including an action of a
2-10     political subdivision, that is reasonably taken to fulfill an
2-11     obligation mandated by  federal law or an action of a political
2-12     subdivision that is reasonably taken to fulfill an obligation
2-13     mandated by state law;
2-14                 (4) [(5)]  the discontinuance or modification of a
2-15     program or regulation that provides a unilateral expectation that
2-16     does not rise to the  level of a recognized interest in private
2-17     real property;
2-18                 (5) [(6)]  an action taken to prohibit or restrict a
2-19     condition or use of private real property if the governmental
2-20     entity proves that the  condition or use constitutes a public or
2-21     private nuisance as defined by background principles of nuisance
2-22     and property law of this state;
2-23                 (6) [(7)]  an action taken out of a reasonable good
2-24     faith belief that the action is necessary to prevent a grave and
2-25     immediate threat to  life or property;
2-26                 (7) [(8)]  a formal exercise of the power of eminent
2-27     domain;
 3-1                 (8) [(9)]  an action taken under a state mandate to
 3-2     prevent waste of oil and gas, protect correlative rights of owners
 3-3     of interests in oil  or gas, or prevent pollution related to oil
 3-4     and gas activities;
 3-5                 (9) [(10)]  a rule or proclamation adopted for the
 3-6     purpose of regulating water safety, hunting, fishing, or control of
 3-7     nonindigenous or  exotic aquatic resources;
 3-8                 (10) [(11)]  an action taken by a political
 3-9     subdivision:
3-10                       (A)  to regulate construction in an area
3-11     designated under law as a floodplain;
3-12                       (B)  to regulate on-site sewage facilities;
3-13                       (C)  under the political subdivisions's statutory
3-14     authority to prevent waste or protect rights of owners of interest
3-15     in groundwater; or
3-16                       (D) to prevent subsidence;
3-17                 (11) [(12)]  the appraisal of property for purposes of
3-18     ad valorem taxation;
3-19                 (12) [(13)]  an action that:
3-20                       (A)  is taken in response to a real and
3-21     substantial threat to public health and safety;
3-22                       (B)  is designed to significantly advance the
3-23     health and safety purpose; and
3-24                       (C)  does not impose a greater burden than is
3-25     necessary to achieve the health and safety purpose; or
3-26                 (13) [(14)]  an action or rulemaking undertaken by the
3-27     Public Utility Commission of Texas to order or require the location
 4-1     or placement of telecommunications equipment owned by another party
 4-2     on the premises of a certificated local exchange company.
 4-3           SECTION 2.  Section 2007.041(a), Government Code, is amended
 4-4     to read as follows:
 4-5           (a)  The attorney general shall prepare guidelines to assist
 4-6     governmental entities in identifying and evaluating those
 4-7     governmental actions described in Sections [Section] 2007.003(a)(1)
 4-8     and (2) [through (3)] that may result in a taking.
 4-9           SECTION 3.  Section 2007.042(a), Government Code, is amended
4-10     to read as follows:
4-11           (a)  A political subdivision that proposes to engage in a
4-12     governmental action described in Sections [Section] 2007.003(a)(1)
4-13     and (2) [through (3)] that may result in a taking shall provide at
4-14     least 30 days' notice of its intent to engage in the proposed
4-15     action by providing a reasonably specific description of the
4-16     proposed action in a notice published in a newspaper of general
4-17     circulation published in the county in which affected private real
4-18     property is located.  If a newspaper of general circulation is not
4-19     published in that county, the political subdivision shall publish a
4-20     notice in a newspaper of general circulation located in a county
4-21     adjacent to the county in which affected private real property is
4-22     located.  The political subdivision shall, at a minimum, include in
4-23     the notice a reasonably specific summary of the takings impact
4-24     assessment that was prepared as required by this subchapter and the
4-25     name of the official of the political subdivision from whom a copy
4-26     of the full assessment may be obtained.
4-27           SECTION 4.  Section 2007.043(a), Government Code, is amended
 5-1     to read as follows:
 5-2           (a)  A governmental entity shall prepare a written takings
 5-3     impact assessment of a proposed governmental action described in
 5-4     Sections [Section] 2007.003(a)(1) and (2) [through (3)] that
 5-5     complies with the evaluation guidelines developed by the attorney
 5-6     general under Section 2007.041 before the governmental entity
 5-7     provides the public notice required under Section 2007.042.
 5-8           SECTION 5.  (a)  Except as provided by Subsection (b) of this
 5-9     section:
5-10                 (1)  this Act takes effect September 1, 1999; and
5-11                 (2)  the change in law made by this Act applies only
5-12     to:
5-13                       (A)  a governmental action described by Sections
5-14     2007.003(a)(1) and (2), Government Code, as amended by this Act,
5-15     that is first proposed to be taken on or after the effective date
5-16     of this Act; and
5-17                       (B)  a governmental action described by Section
5-18     2007.003(a)(3), Government Code, as amended by this Act, if the
5-19     action is initiated on or after the effective date of this Act.
5-20           (b)  The application of Sections 2007.041 and 2007.042,
5-21     Government Code, to a governmental action described by Sections
5-22     2007.003(a)(1) and (2), Government Code, as amended by this Act,
5-23     does not take effect until January 1, 2000, and applies only to a
5-24     governmental action described by Sections 2007.003(a)(1) and (2),
5-25     Government Code, as amended by this Act, that is first proposed to
5-26     be taken on or after that date.
5-27           SECTION 6.  The importance of this legislation and the
 6-1     crowded condition of the calendars in both houses create an
 6-2     emergency and an imperative public necessity that the
 6-3     constitutional rule requiring bills to be read on three several
 6-4     days in each house be suspended, and this rule is hereby suspended.