82R5223 PMO-D
By: Keffer H.B. No. 3105
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of the Private Real Property Rights
Preservation Act to certain governmental actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2007.003(a), Government Code, is amended
to read as follows:
(a) This chapter applies only to the following governmental
actions:
(1) the adoption or issuance of an ordinance, rule,
regulatory requirement, resolution, policy, guideline, or similar
measure;
(2) an action that imposes a physical invasion or
requires a dedication or exaction of private real property;
(3) an action by a municipality that:
(A) has effect in the extraterritorial
jurisdiction of the municipality, excluding annexation, and that
enacts or enforces an ordinance, rule, regulation, or plan that
does not impose identical requirements or restrictions in the
entire extraterritorial jurisdiction of the municipality; or
(B) damages, destroys, impairs, or prohibits
development of a mineral interest; and
(4) enforcement of a governmental action listed in
Subdivisions (1) through (3), whether the enforcement of the
governmental action is accomplished through the use of permitting,
citations, orders, judicial or quasi-judicial proceedings, or
other similar means.
SECTION 2. The change in law made by Section 2007.003(a),
Government Code, as amended by this Act, applies only to an action
the effective date of which occurs on or after the effective date of
this Act. An action the effective date of which occurs before the
effective date of this Act is covered by the law in effect when the
conduct occurred, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2011.