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.