HBA-CBW H.B. 3596 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3596
By: Gray
Land & Resource Management
4/19/2001
Introduced



BACKGROUND AND PURPOSE 

In 1995, the legislature enacted the Private Real Property Rights
Preservation Act (Act) to allow land owners to sue or initiate an
administrative procedure to determine whether a governmental action
resulted in a "taking" of their property, thereby entitling them to
compensation.  A "taking" is a government action affecting real property
that requires the governmental entity to compensate owners under the
federal or state constitutions, or limits the owner's right to the property
and reduces the property's market value by a least 25 percent. 

In Galveston County, the commissioners court has attempted to impose
regulations on  sexually oriented businesses located in unincorporated
areas of the county,  but such efforts have raised legal concerns related
to the Act.  House Bill 3596 exempts governmental actions regarding
sexually oriented businesses from the Act. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3596 amends the Government Code to exempt government action
regarding sexually oriented businesses from the  Private Real Property
Rights Preservation Act.  

EFFECTIVE DATE

On passage.