By Turner of Coleman                                  H.B. No. 1444
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     Relating to the application of the Private Real Property Rights
 1-3     Preservation Act on Sexually Oriented Business regulations.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 2007.003(b), Government Code, is amended
 1-6     to read as follows:
 1-7           Sec. 2007.003.
 1-8           (b)  This chapter does not apply to the following
 1-9     governmental actions:
1-10                 (1)  an action by a municipality except as provided by
1-11     Subsection (a)(3);
1-12                 (2)  a lawful forfeiture or seizure of contraband as
1-13     defined by Article 59.01, Code of Criminal Procedure;
1-14                 (3)  a lawful seizure of property as evidence of a
1-15     crime or violation of law;
1-16                 (4)  an action, including an action of a political
1-17     subdivision, that is reasonably taken to fulfill an obligation
1-18     mandated by federal law or an action of a political subdivision
1-19     that is reasonably taken to fulfill an obligation mandated by state
1-20     law;
1-21                 (5)  the discontinuance or modification of a program or
1-22     regulation that provides a unilateral expectation that does not
 2-1     rise to the level of a recognized interest in private real
 2-2     property;
 2-3                 (6)  an action taken to prohibit or restrict a
 2-4     condition or use of private real property if the governmental
 2-5     entity proves that the condition or use constitutes a public or
 2-6     private nuisance as defined by background principles of nuisance
 2-7     and property law of this state;
 2-8                 (7)  an action taken out of a reasonable good faith
 2-9     belief that the action is necessary to prevent a grave and
2-10     immediate threat to life or property;
2-11                 (8)  a formal exercise of the power of eminent domain;
2-12                 (9)  an action taken under a state mandate to prevent
2-13     waste of oil and gas, protect correlative rights of owners of
2-14     interests in oil or gas, or prevent pollution related to oil and
2-15     gas activities;
2-16                 (10)  a rule or proclamation adopted for the purpose of
2-17     regulating water safety, hunting, fishing, or control of
2-18     nonindigenous or exotic aquatic resources;
2-19                 (11)  an action taken by a political subdivision:
2-20                       (A)  to regulate construction in an area
2-21     designated under law as a floodplain;
2-22                       (B)  to regulate on-site sewage facilities;
2-23                       (C)  under the political subdivision's statutory
2-24     authority to prevent waste or protect rights of owners of interest
2-25     in groundwater; or
2-26                       (D)  to prevent subsidence;
 3-1                 (12)  the appraisal of property for purposes of ad
 3-2     valorem taxation;
 3-3                 (13)  an action that:
 3-4                       (A)  is taken in response to a real and
 3-5     substantial threat to public health and safety;
 3-6                       (B)  is designed to significantly advance the
 3-7     health and safety purpose; and
 3-8                       (C)  does not impose a greater burden than is
 3-9     necessary to achieve the health and safety purpose; [or]
3-10                 (14)  an action or rulemaking undertaken by the Public
3-11     Utility Commission of Texas to order or require the location or
3-12     placement of telecommunications equipment owned by another party on
3-13     the premises of a certificated local exchange company; or
3-14                 (15)  an action taken or regulation adopted by a
3-15     political subdivision pursuant to its authority under Chapter 243,
3-16     Local Government Code.
3-17           SECTION 5.  This Act takes effect September 1, 2001.