If the governmental entity pays the compensation, the governmental action may not be rescinded or invalidated. This public notice and the TIA preparation apply to applicable governmental actions first proposed on or after January 1, 1996. The TIA must describe the specific purpose of the proposed action, determine whether engaging in the proposed governmental action will constitute a taking, and describe reasonable alternative actions that could accomplish the specified purpose. A governmental action requiring a TIA is void if the TIA is not prepared, and a private real property owner may bring suit for invalidation of the action. This legislation also requires that the comptroller of public accounts report to the next legislature regarding state agency compliance with the TIA procedures and the costs to governmental entities associated with implementation of this Act, and make recommendations for improving the TIA process.
Most actions undertaken by the department affect private real property in some manner.
The department will be required to conduct the TIA analysis on all applicable actions that may result in a taking of private real property in accordance with the attorney general's guidelines. Notice of the action will be made public, and a summary of the TIA will need to be published in the Texas Register . Although the 25 percent threshold for reducing market value may appear to be high, it is plausible that departmental actions may in fact be the producing cause of such a reduction in value. In such circumstances, the department would be subject to the provisions of this Act.