| 1 | 1 | | 82R5223 PMO-D |
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| 2 | 2 | | By: Keffer H.B. No. 3105 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the applicability of the Private Real Property Rights |
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| 8 | 8 | | Preservation Act to certain governmental actions. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 2007.003(a), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (a) This chapter applies only to the following governmental |
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| 13 | 13 | | actions: |
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| 14 | 14 | | (1) the adoption or issuance of an ordinance, rule, |
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| 15 | 15 | | regulatory requirement, resolution, policy, guideline, or similar |
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| 16 | 16 | | measure; |
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| 17 | 17 | | (2) an action that imposes a physical invasion or |
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| 18 | 18 | | requires a dedication or exaction of private real property; |
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| 19 | 19 | | (3) an action by a municipality that: |
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| 20 | 20 | | (A) has effect in the extraterritorial |
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| 21 | 21 | | jurisdiction of the municipality, excluding annexation, and that |
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| 22 | 22 | | enacts or enforces an ordinance, rule, regulation, or plan that |
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| 23 | 23 | | does not impose identical requirements or restrictions in the |
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| 24 | 24 | | entire extraterritorial jurisdiction of the municipality; or |
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| 25 | 25 | | (B) damages, destroys, impairs, or prohibits |
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| 26 | 26 | | development of a mineral interest; and |
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| 27 | 27 | | (4) enforcement of a governmental action listed in |
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| 28 | 28 | | Subdivisions (1) through (3), whether the enforcement of the |
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| 29 | 29 | | governmental action is accomplished through the use of permitting, |
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| 30 | 30 | | citations, orders, judicial or quasi-judicial proceedings, or |
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| 31 | 31 | | other similar means. |
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| 32 | 32 | | SECTION 2. The change in law made by Section 2007.003(a), |
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| 33 | 33 | | Government Code, as amended by this Act, applies only to an action |
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| 34 | 34 | | the effective date of which occurs on or after the effective date of |
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| 35 | 35 | | this Act. An action the effective date of which occurs before the |
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| 36 | 36 | | effective date of this Act is covered by the law in effect when the |
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| 37 | 37 | | conduct occurred, and the former law is continued in effect for that |
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| 38 | 38 | | purpose. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2011. |
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