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.