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.