By Jackson S.B. No. 756
77R828 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to exempting certain governmental actions regulating
1-3 sexually oriented businesses from the Private Real Property Rights
1-4 Preservation Act.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 2007.003(b), Government Code, is amended
1-7 to read as follows:
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
1-23 rise to the level of a recognized interest in private real
1-24 property;
2-1 (6) an action taken to prohibit or restrict a
2-2 condition or use of private real property if the governmental
2-3 entity proves that the condition or use constitutes a public or
2-4 private nuisance as defined by background principles of nuisance
2-5 and property law of this state;
2-6 (7) an action taken out of a reasonable good faith
2-7 belief that the action is necessary to prevent a grave and
2-8 immediate threat to life or property;
2-9 (8) a formal exercise of the power of eminent domain;
2-10 (9) an action taken under a state mandate to prevent
2-11 waste of oil and gas, protect correlative rights of owners of
2-12 interests in oil or gas, or prevent pollution related to oil and
2-13 gas activities;
2-14 (10) a rule or proclamation adopted for the purpose of
2-15 regulating water safety, hunting, fishing, or control of
2-16 nonindigenous or exotic aquatic resources;
2-17 (11) an action taken by a political subdivision:
2-18 (A) to regulate construction in an area
2-19 designated under law as a floodplain;
2-20 (B) to regulate on-site sewage facilities;
2-21 (C) under the political subdivisions's statutory
2-22 authority to prevent waste or protect rights of owners of interest
2-23 in groundwater; or
2-24 (D) to prevent subsidence;
2-25 (12) the appraisal of property for purposes of ad
2-26 valorem taxation;
2-27 (13) an action that:
3-1 (A) is taken in response to a real and
3-2 substantial threat to public health and safety;
3-3 (B) is designed to significantly advance the
3-4 health and safety purpose; and
3-5 (C) does not impose a greater burden than is
3-6 necessary to achieve the health and safety purpose; [or]
3-7 (14) an action or rulemaking undertaken by the Public
3-8 Utility Commission of Texas to order or require the location or
3-9 placement of telecommunications equipment owned by another party on
3-10 the premises of a certificated local exchange company; or
3-11 (15) an action taken under Chapter 243, Local
3-12 Government Code, to regulate a sexually oriented business.
3-13 SECTION 2. This Act takes effect immediately.