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House Interim Committee on Land and Resource Management

PROPERTY RIGHTS
Charge

Monitor the implementation of S.B. 14 (Private Real Property Rights Preservation Act) and study the effect of the attorney general's takings impact assessment guidelines.
Recommendations

  • The attorney general and the comptroller shall continue to coordinate their efforts in monitoring and facilitating the implementation of S.B. 14. The attorney general should work more diligently in the coming biennium to require both state agencies and political subdivisions to make affirmative determinations as to which, if any, of their actions are covered under the Act. The attorney general should work more closely to ensure that governmental entities with covered governmental actions have instituted some form of Governmental Entity-Specific Guidelines, as described in the Attorney General's Private Real Property Rights Preservation Act Guidelines. Also, the comptroller should work closely with the attorney general's office to make recommendations for any changes to the OAG's Guidelines that will improve the TIA process, and monitor the costs to governmental entities associated with the implementation of S.B. 14.

  • In order to affirm the intent of the authors of S.B. 14, it should be clarified that only the owners of the private real property that is the subject of a governmental action may bring suit to invalidate the governmental action at issue.

  • Under current statute, counties will come under the purview of the Private Real Property Rights Preservation Act beginning on September 1, 1997. The legislature should guard against efforts in the 75th Legislative Session to extend the existing exemption for counties.

  • In order to address issues beyond the scope of state law, the 75th Legislature should again consider legislation regarding the need for the federal Endangered Species Act to incorporate the consideration of impacts on private real property rights.

  • The committee recommends that the Texas Parks and Wildlife Department, as an agency actively involved through its Land Conservation Program in educating the public about the use of conservation easements, work diligently in its education and outreach programs to inform landowners and landowner advisers about the potential risks and limitations of conservation easements, as well as their benefits.

    LEGISLATIVE OVERSIGHT
    Charge

    Conduct active oversight of agencies responsible for monitoring of the effects legislation on the Coastal Coordination Council (CCC), the Coastal Zone Management Act, and on the implementation of the Coastal Management Program.
    Recommendations

  • The committee recommends that the 75th Legislature continue to monitor the implementation of the state's Coastal Management Plan, after it goes into full effect as a result of the granting of final federal approval. The 75th Legislature should pay particular attention to a key component of House Bill 3226-the individual and small business assistance functions of the CCC.

  • The committee recommends that the 75th Legislature consider legislation similar to House Bill 2148 (from the 74th Texas Legislature) that would create a workable solution in empowering the School Land Board to address the public health and safety threats posed not only by "coastal cabins" but also by permanently-moored vessels.