| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to governmental actions affecting the use or value of |
|
|
private property. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2007.002(d)(5), Government Code, is |
|
|
amended to read as follows: |
|
|
(5) "Taking" means: |
|
|
(A) a governmental action that affects private |
|
|
real property, in whole or in part or temporarily or permanently, in |
|
|
a manner that requires the governmental entity to compensate the |
|
|
private real property owner as provided by the Fifth and Fourteenth |
|
|
Amendments to the United States Constitution or Section 17 or 19, |
|
|
Article I, Texas Constitution; or |
|
|
(B) a governmental action that: |
|
|
(i) affects an owner's private real |
|
|
property that is the subject of the governmental action, in whole or |
|
|
in part or temporarily or permanently, in a manner that restricts or |
|
|
limits the owner's right to the property that would otherwise exist |
|
|
in the absence of the governmental action; and |
|
|
(ii) is the producing cause of a reduction |
|
|
of at least 20 [25] percent in the market value of the affected |
|
|
private real property, determined by comparing the market value of |
|
|
the property as if the governmental action is not in effect and the |
|
|
market value of the property determined as if the governmental |
|
|
action is in effect. |
|
|
SECTION 2. Subchapter A, Chapter 2007, Government Code, is |
|
|
amended by adding Section 2007.0035 to read as follows: |
|
|
Sec. 2007.0035. USE OF PROPERTY. The legislature finds |
|
|
that a real property owner has a vested right in property uses that |
|
|
is protected under the constitution of this state. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2015. |