Texas House Bill HB2110

Texas 2009 - 81st Regular

• Out of House Committee: 4/17/09

Caption

Relating to the applicability of the Private Real Property Rights Preservation Act to certain governmental actions.

Impact

The key impact of HB 2110 revolves around its clarification of governmental actions and how these actions are regulated under the law. By specifying the types of actions that the Private Real Property Rights Preservation Act covers, the bill seeks to provide a clearer framework for both municipalities and developers. It emphasizes the need for consistency in how property rights are protected, especially regarding actions that occur in extraterritorial jurisdictions of municipalities. The bill is meant to streamline compliance and enhance the predictability of property development processes.

Summary

House Bill 2110 proposes amendments to the applicability of the Private Real Property Rights Preservation Act concerning governmental actions. Specifically, the bill revises Section 2007.003(a) of the Government Code. It aims to clearly outline the types of governmental actions that are subject to the provisions of this act. These actions include the adoption of ordinances, physical invasions relating to real property, and enforcement mechanisms associated with such actions.

Contention

Notably, there are points of contention surrounding this bill, primarily relating to concerns about government overreach and the potential impact on local governance. Critics may argue that this bill could limit the ability of municipalities to enforce local regulations tailored to the needs of their communities. This could lead to conflicts over property rights and local governance, especially where economic development and community interests are at stake. The debate is expected to center around finding the right balance between protecting individual property rights and allowing local entities the authority to govern effectively.