HBA-CBW H.B. 25 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 25
By: Corte
Land & Resource Management
4/19/2001
Introduced



BACKGROUND AND PURPOSE 

In 1995,  the legislature passed the Private Real Property Rights
Preservation Act (Act).  The Act allows property owners  to seek damages in
a court of law against a governmental entity if their land is devalued by
at least 25 percent as a result of a governmental action.   Although most
governmental actions are regulated by the Act, most municipal actions are
not.  The municipal actions that are covered by the Act are actions taken
in the extraterritorial jurisdiction of the municipality that are not
applied uniformly throughout the extraterritorial jurisdiction.  House Bill
25 removes the  municipal exemption  from 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. 

ANALYSIS

House Bill 25  amends the Government Code to delete the provision that
exempts municipalities from the Private Real Property Rights Preservation
Act.
EFFECTIVE DATE

September 1, 2001. Provisions of this bill relating to guidelines prepared
by the attorney general and public notice requirements take effect January
1, 2002.