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.
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