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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of the Private Real Property Rights |
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Preservation Act to certain governmental actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2007.003(a), Government Code, is amended |
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to read as follows: |
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(a) This chapter applies only to the following governmental |
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actions: |
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(1) the adoption or issuance of an ordinance, rule, |
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regulatory requirement, resolution, policy, guideline, or similar |
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measure; |
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(2) an action that imposes a physical invasion or |
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requires a dedication or exaction of private real property; |
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(3) an action by a municipality that: |
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(A) has effect in the extraterritorial |
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jurisdiction of the municipality, excluding annexation, and that |
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enacts or enforces an ordinance, rule, regulation, or plan that |
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does not impose identical requirements or restrictions in the |
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entire extraterritorial jurisdiction of the municipality; or |
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(B) takes, damages, destroys, impairs, or |
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prohibits development of a mineral interest; and |
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(4) enforcement of a governmental action listed in |
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Subdivisions (1) through (3), whether the enforcement of the |
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governmental action is accomplished through the use of permitting, |
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citations, orders, judicial or quasi-judicial proceedings, or |
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other similar means. |
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SECTION 2. The change in law made by Section 2007.003(a), |
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Government Code, as amended by this Act, applies only to an action |
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the effective date of which occurs on or after the effective date of |
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this Act. An action the effective date of which occurs before the |
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effective date of this Act is covered by the law in effect when the |
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conduct occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |