81R5802 PMO-D
 
  By: Hughes H.B. No. 2110
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the applicability of the Private Real Property Rights
  Preservation Act to certain governmental actions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2007.003(a), Government Code, is amended
  to read as follows:
         (a)  This chapter applies only to the following governmental
  actions:
               (1)  the adoption or issuance of an ordinance, rule,
  regulatory requirement, resolution, policy, guideline, or similar
  measure;
               (2)  an action that imposes a physical invasion or
  requires a dedication or exaction of private real property;
               (3)  an action by a municipality that:
                     (A)  has effect in the extraterritorial
  jurisdiction of the municipality, excluding annexation, and that
  enacts or enforces an ordinance, rule, regulation, or plan that
  does not impose identical requirements or restrictions in the
  entire extraterritorial jurisdiction of the municipality; or
                     (B)  takes, damages, destroys, impairs, or
  prohibits development of a mineral interest; and
               (4)  enforcement of a governmental action listed in
  Subdivisions (1) through (3), whether the enforcement of the
  governmental action is accomplished through the use of permitting,
  citations, orders, judicial or quasi-judicial proceedings, or
  other similar means.
         SECTION 2.  The change in law made by Section 2007.003(a),
  Government Code, as amended by this Act, applies only to an action
  the effective date of which occurs on or after the effective date of
  this Act. An action the effective date of which occurs before the
  effective date of this Act is covered by the law in effect when the
  conduct occurred, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2009.