HBA-NLM H.B. 2935 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2935
By: Corte
Land & Resource Management
4/6/1999
Introduced



BACKGROUND AND PURPOSE 

The 74th Legislature passed the Private Real Property Rights Preservation
Act (act) which gives property owners a legal remedy when land is devalued
by at least 25 percent as a result of a governmental action, such as a
taking.  Current law authorizes a court to require the taking of property
as a result of a governmental action to be rescinded or to require the
responsible governmental entity to compensate the property owner for the
loss in value to the land.  However, most municipal actions are exempt from
these actions.  H.B. 2935 removes the exemption and requires municipalities
to comply with the provisions of the act.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 2007.003(a) and (b), Government Code, as
follows: 

(a)  Deletes existing text from Subdivision (3) relating to an action by a
municipality that has effect in the extraterritorial jurisdiction of the
municipality.  Redesignates existing text from Subdivision  (4) to (3).
Makes a conforming change. 

(b) Makes a conforming change. Redesignates existing Subdivisions (3)-(14)
to Subdivisions (2)-(13). 

SECTION 2.  Amends Section 2007.041(a), Government Code, to make a
conforming change. 

SECTION 3.  Amends Section 2007.042(a), Government Code, to make conforming
changes. 

SECTION 4.  Amends Section 2007.043(a), Government Code, to make conforming
changes. 

SECTION 5.  (a)  Provides that this Act takes effect September 1, 1999, and
makes application of this Act prospective, except as provided by Subsection
(b) of this section. 

(b)  Provides that the application of Sections 2007.041 and 2007.042,
Government Code, to a governmental action described by Section 2007.003(a),
Government Code, as amended by this Act, does not take effect until January
1, 2000, and makes application of a governmental action described by
Section 2007.003(a), as amended by this Act, prospective. 

SECTION 6.  Emergency clause.