BILL ANALYSIS

 

 

 

H.B. 2110

By: Hughes

Land & Resource Management

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Current law generally provides a remedy to landowners who are harmed when an entity authorized to exercise the power of eminent domain condemns all or part of the property.  The Private Real Property Rights Preservation Act provides some remedy, in some cases, when a governmental regulation or action diminishes the value of the property, though no actual physical taking has occurred.  However, current law protects only surface owners in such situations.

 

H.B. 2110 would apply the provisions of the Private Real Property Rights Preservation Act to an action by a municipality that takes, damages, destroys, impairs, or prohibits development of a mineral interest.

 

RULEMAKING AUTHORITY

 

It is the opinion of the committee that this bill does not expressly grant any additional  rulemaking authority to any state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 2110 amends the Government Code to apply the provisions of the Private Real Property Rights Preservation Act to an action by a municipality that takes, damages, destroys, impairs, or prohibits development of a mineral interest.

 

EFFECTIVE DATE

 

September 1, 2009.