Bill Text: TX SB1785 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to governmental actions affecting the use or value of private property.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-24 - Referred to State Affairs [SB1785 Detail]

Download: Texas-2015-SB1785-Introduced.html

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84R12245 AJA-F
By: Campbell S.B. No. 1785

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.