HBA-ALS H.B. 3385 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3385 By: Hilderbran Land & Resource Management 3/24/1999 Introduced BACKGROUND AND PURPOSE Under current law, a private property owner who brings an unsuccessful governmental takings suit must pay the prevailing governmental entity's attorney's fees and court costs. There is a concern that this may discourage private landowners from seeking recourse in cases of regulatory takings. H.B. 3385 removes the requirement that a court or state agency must award attorney's fees and court costs to a prevailing governmental entity in a suit affecting private property. 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 Section 2007.026, Government Code, to delete language requiring a court or state agency to award a governmental entity that prevails in a suit or contested case filed under this subchapter (relating to governmental action affecting private property) reasonable and necessary attorney's fees and court costs. SECTION 2.Makes application of this Act prospective. SECTION 3.Emergency clause. Effective date: upon passage.