reglab/housing_qa huggingface dataset:
TX Govt Code § 2007.021 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2007 - Governmental Action Affecting Private Property Rights|Subchapter B. Action to Determine Taking|Section 2007.021. Suit Against Political Subdivision

Sec. 2007.021.  SUIT AGAINST POLITICAL SUBDIVISION.  (a)  A private real property owner may bring suit under this subchapter to determine whether the governmental action of a political subdivision results in a taking under this chapter.  A suit under this subchapter must be filed in a district court in the county in which the private real property owner's affected property is located.  If the affected private real property is located in more than one county, the private real property owner may file suit in any county in which the affected property is located.(b)  A suit under this subchapter must be filed not later than the 180th day after the date the private real property owner knew or should have known that the governmental action restricted or limited the owner's right in the private real property.|Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2007.022 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2007 - Governmental Action Affecting Private Property Rights|Subchapter B. Action to Determine Taking|Section 2007.022. Administrative Proceeding Against State Agency

Sec. 2007.022.  ADMINISTRATIVE PROCEEDING AGAINST STATE AGENCY.  (a)  A private real property owner may file a contested case with a state agency to determine whether a governmental action of the state agency results in a taking under this chapter.(b)  A contested case must be filed with the agency not later than the 180th day after the date the private real property owner knew or should have known that the governmental action restricted or limited the owner's right in the private real property.(c)  A contested case filed under this section is subject to Chapter 2001 except to the extent of a conflict with this subchapter.|Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2007.023 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2007 - Governmental Action Affecting Private Property Rights|Subchapter B. Action to Determine Taking|Section 2007.023. Entitlement to Invalidation of Governmental Action

Sec. 2007.023.  ENTITLEMENT TO INVALIDATION OF GOVERNMENTAL ACTION.  (a)  Whether a governmental action results in a taking is a question of fact.(b)  If the trier of fact in a suit or contested case filed under this subchapter finds that the governmental action is a taking under this chapter, the private real property owner is only entitled to, and the governmental entity is only liable for, invalidation of the governmental action or the part of the governmental action resulting in the taking.|Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2007.024 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2007 - Governmental Action Affecting Private Property Rights|Subchapter B. Action to Determine Taking|Section 2007.024. Judgment or Final Decision or Order

Sec. 2007.024.  JUDGMENT OR FINAL DECISION OR ORDER.  (a)  The court's judgment in favor of a private real property owner under Section 2007.021 or a final decision or order issued under Section 2007.022 that determines that a taking has occurred shall order the governmental entity to rescind the governmental action, or the part of the governmental action resulting in the taking, as applied to the private real property owner not later than the 30th day after the date the judgment is rendered or the decision or order is issued.(b)  The judgment or final decision or order shall include a fact finding that determines the monetary damages suffered by the private real property owner as a result of the taking.  The amount of damages is determined from the date of the taking.(c)  A governmental entity may elect to pay the damages as compensation to the private real property owner who prevails in a suit or contested case filed under this subchapter.  Sovereign immunity to liability is waived to the extent the governmental entity elects to pay compensation under this subsection.(d)  If a governmental entity elects to pay compensation to the private real property owner:(1)  the court that rendered the judgment in the suit or the state agency that issued the final order or decision in the case shall withdraw the part of the judgment or final decision or order rescinding the governmental action;  and(2)  the governmental entity shall pay to the owner the damages as determined in the judgment or final order not later than the 30th day after the date the judgment is rendered or the final decision or order is issued.(e)  If the governmental entity does not pay compensation to the private real property owner as provided by Subsection (d), the court or the state agency shall reinstate the part of the judgment or final decision or order previously withdrawn.(f)  A state agency that elects to pay compensation to the private real property owner shall pay the compensation from funds appropriated to the agency.|Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2007.025 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2007 - Governmental Action Affecting Private Property Rights|Subchapter B. Action to Determine Taking|Section 2007.025. Appeal

Sec. 2007.025.  APPEAL.  (a)  A person aggrieved by a judgment rendered in a suit filed under Section 2007.021 may appeal as provided by law.(b)  A person who has exhausted all administrative remedies available within the state agency and is aggrieved by a final decision or order in a contested case filed under Section 2007.022 is entitled to judicial review under Chapter 2001.  Review by a court under this subsection is by trial de novo.(c)  If a private real property owner prevails in a suit or contested case filed under this subchapter and the governmental entity appeals, the court or the state agency shall enjoin the governmental entity from invoking the governmental action or the part of the governmental action resulting in the taking, pending the appeal of the suit or contested case.|Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2007.026 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2007 - Governmental Action Affecting Private Property Rights|Subchapter B. Action to Determine Taking|Section 2007.026. Fees and Costs

Sec. 2007.026.  FEES AND COSTS.  (a)  The court or the state agency shall award a private real property owner who prevails in a suit or contested case filed under this subchapter reasonable and necessary attorney's fees and court costs.(b)  The court or the state agency shall award a governmental entity that prevails in a suit or contested case filed under this subchapter reasonable and necessary attorney's fees and court costs.|Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2007.041 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2007 - Governmental Action Affecting Private Property Rights|Subchapter C. Requirements for Proposed Governmental Action|Section 2007.041. Guidelines

Sec. 2007.041.  GUIDELINES.  (a)  The attorney general shall prepare guidelines to assist governmental entities in identifying and evaluating those governmental actions described in Section 2007.003(a)(1) through (3) that may result in a taking.(b)  The attorney general shall file the guidelines with the secretary of state for publication in the Texas Register in the manner prescribed by Chapter 2002.(c)  The attorney general shall review the guidelines at least annually and revise the guidelines as necessary to ensure consistency with the actions of the legislature and the decisions of the United States Supreme Court and the supreme court of this state.(d)  A person may make comments or suggestions or provide information to the attorney general concerning the guidelines.  The attorney general shall consider the comments, suggestions, and information in the annual review process required by this section.(e)  Material provided to the attorney general under Subsection (d) is public information.|Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2007.042 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2007 - Governmental Action Affecting Private Property Rights|Subchapter C. Requirements for Proposed Governmental Action|Section 2007.042. Public Notice

Sec. 2007.042.  PUBLIC NOTICE.  (a)  A political subdivision that proposes to engage in a governmental action described in Section 2007.003(a)(1) through (3) that may result in a taking shall provide at least 30 days' notice of its intent to engage in the proposed action by providing a reasonably specific description of the proposed action in a notice published in a newspaper of general circulation published in the county in which affected private real property is located.  If a newspaper of general circulation is not published in that county, the political subdivision shall publish a notice in a newspaper of general circulation located in a county adjacent to the county in which affected private real property is located.  The political subdivision shall, at a minimum, include in the notice a reasonably specific summary of the takings impact assessment that was prepared as required by this subchapter and the name of the official of the political subdivision from whom a copy of the full assessment may be obtained.(b)  A state agency that proposes to engage in a governmental action described in Section 2007.003(a)(1) or (2) that may result in a taking shall:(1)  provide notice in the manner prescribed by Section 2001.023;  and(2)  file with the secretary of state for publication in the Texas Register in the manner prescribed by Chapter 2002 a reasonably specific summary of the takings impact assessment that was prepared by the agency as required by this subchapter.|Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2007.043 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2007 - Governmental Action Affecting Private Property Rights|Subchapter C. Requirements for Proposed Governmental Action|Section 2007.043. Takings Impact Assessment

Sec. 2007.043.  TAKINGS IMPACT ASSESSMENT.  (a)  A governmental entity shall prepare a written takings impact assessment of a proposed governmental action described in Section 2007.003(a)(1) through (3) that complies with the evaluation guidelines developed by the attorney general under Section 2007.041 before the governmental entity provides the public notice required under Section 2007.042.(b)  The takings impact assessment must:(1)  describe the specific purpose of the proposed action and identify:(A)  whether and how the proposed action substantially advances its stated purpose;  and(B)  the burdens imposed on private real property and the benefits to society resulting from the proposed use of private real property;(2)  determine whether engaging in the proposed governmental action will constitute a taking;  and(3)  describe reasonable alternative actions that could accomplish the specified purpose and compare, evaluate, and explain:(A)  how an alternative action would further the specified purpose;  and(B)  whether an alternative action would constitute a taking.(c)  A takings impact assessment prepared under this section is public information.|Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2007.044 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2007 - Governmental Action Affecting Private Property Rights|Subchapter C. Requirements for Proposed Governmental Action|Section 2007.044. Suit to Invalidate Governmental Action

Sec. 2007.044.  SUIT TO INVALIDATE GOVERNMENTAL ACTION.  (a)  A governmental action requiring a takings impact assessment is void if an assessment is not prepared.  A private real property owner affected by a governmental action taken without the preparation of a takings impact assessment as required by this subchapter may bring suit for a declaration of the invalidity of the governmental action.(b)  A suit under this section must be filed in a district court in the county in which the private real property owner's affected property is located.  If the affected property is located in more than one county, the private real property owner may file suit in any county in which the affected property is located.(c)  The court shall award a private real property owner who prevails in a suit under this section reasonable and necessary attorney's fees and court costs.|Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2007.045 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2007 - Governmental Action Affecting Private Property Rights|Subchapter C. Requirements for Proposed Governmental Action|Section 2007.045. Updating of Certain Assessments Required

Sec. 2007.045.  UPDATING OF CERTAIN ASSESSMENTS REQUIRED.  A state agency that proposes to adopt a governmental action described in Section 2007.003(a)(1) or (2) that may result in a taking as indicated by the takings impact assessment shall update the assessment if the action is not adopted before the 180th day after the date the notice is given as required by Section 2001.023.|Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2008.001 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2008 - Negotiated Rulemaking|Subchapter A. General Provisions|Section 2008.001. Short Title

Sec. 2008.001.  SHORT TITLE.  This chapter may be cited as the Negotiated Rulemaking Act.|Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.|
TX Govt Code § 2008.002 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2008 - Negotiated Rulemaking|Subchapter A. General Provisions|Section 2008.002. Definitions

Sec. 2008.002.  DEFINITIONS.  In this chapter:(1)  "State agency" means an officer, board, commission, department, or other agency in the executive branch of state government with statewide jurisdiction that makes rules.  The term includes:(A)  the attorney general;(B)  an institution of higher education as defined by Section 61.003, Education Code;  and(C)  the State Office of Administrative Hearings.(2)  The terms "party," "person," and "rule" have the meanings assigned by Section 2001.003.|Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.|
TX Govt Code § 2008.003 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2008 - Negotiated Rulemaking|Subchapter A. General Provisions|Section 2008.003. Costs of Participating in Negotiated Rulemaking

Sec. 2008.003.  COSTS OF PARTICIPATING IN NEGOTIATED RULEMAKING.  (a)  A member of a negotiated rulemaking committee established under Subchapter B  is responsible for the member's own costs in serving on the committee, except as provided by Subsection (b).(b)  The state agency that established the negotiated rulemaking committee may pay a member's technical assistance expenses and reasonable travel and per diem costs related to the member's service on the committee at the rate set in the General Appropriations Act for state employees and may provide a reasonable rate of compensation to the member if:(1)  the member certifies that the member lacks sufficient financial resources to participate as a member of the committee;  and(2)  the agency determines that the member's service on the committee is necessary for the adequate representation of an affected interest.(c)  The state agency that established the negotiated rulemaking committee shall provide appropriate administrative support to the committee.|Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.|
TX Govt Code § 2008.051 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2008 - Negotiated Rulemaking|Subchapter B. Procedures for Negotiated Rulemaking|Section 2008.051. Authority for Negotiated Rulemaking

Sec. 2008.051.  AUTHORITY FOR NEGOTIATED RULEMAKING.  A state agency may engage in negotiated rulemaking to assist it in drafting a proposed rule by following the procedures prescribed by this chapter.|Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.|
TX Govt Code § 2008.052 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2008 - Negotiated Rulemaking|Subchapter B. Procedures for Negotiated Rulemaking|Section 2008.052. Appointment and Duties of Convener

Sec. 2008.052.  APPOINTMENT AND DUTIES OF CONVENER.  (a)  A state agency that proposes to engage in negotiated rulemaking shall appoint a convener to assist the agency in determining whether it is advisable to proceed.(b)  The state agency may appoint an agency employee or contract with another individual to serve as the convener.  The convener may not have a financial or other interest in the outcome of the rulemaking process that would interfere with the person's impartial and unbiased service as the convener.(c)  The convener shall assist the agency in identifying persons who are likely to be affected by the proposed rule, including persons who oppose the issuance of a rule.  The convener shall discuss with those persons or their representatives:(1)  whether they are willing to participate in negotiated rulemaking;(2)  whether the agency should engage in negotiated rulemaking to develop the proposed rule;(3)  which issues that a negotiated rulemaking committee should address;  and(4)  whether there are other persons the convener needs to identify who may be affected by the proposed rule.(d)  The convener shall then recommend to the agency whether negotiated rulemaking is a feasible method to develop the proposed rule and shall report to the agency on the relevant considerations, including:(1)  the number of identifiable interests that would be significantly affected by the proposed rule;(2)  the probability that those interests would be adequately represented in a negotiated rulemaking;(3)  the probable willingness and authority of the representatives of affected interests to negotiate in good faith;(4)  the probability that a negotiated rulemaking committee would reach a unanimous or a suitable general consensus on the proposed rule;(5)  the probability that negotiated rulemaking will not unreasonably delay notice and eventual adoption of the proposed rule;(6)  the adequacy of agency and citizen resources to participate in negotiated rulemaking;(7)  the probability that the negotiated rulemaking committee will provide a balanced representation between public and regulated interests;  and(8)  the willingness of the agency to accept the consensus of a negotiated rulemaking committee as the basis for the proposed rule.|Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.|
TX Govt Code § 2008.053 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2008 - Negotiated Rulemaking|Subchapter B. Procedures for Negotiated Rulemaking|Section 2008.053. Notice Requirements for Negotiated Rulemakings

Sec. 2008.053.  NOTICE REQUIREMENTS FOR NEGOTIATED RULEMAKINGS.  (a)  After considering the convener's recommendation and report, a state agency that intends to engage in negotiated rulemaking shall publish timely notice of its intent in appropriate media and file timely notice of its intent with the secretary of state for publication in the Texas Register.  The notice must include:(1)  a statement that the agency intends to engage in negotiated rulemaking;(2)  a description of the subject and scope of the rule to be developed;(3)  a description of the known issues to be considered in developing the rule;(4)  a list of the interests that are likely to be affected by the proposed rule;(5)  a list of the individuals the agency proposes to appoint to the negotiated rulemaking committee to represent the agency and affected interests;(6)  a request for comments on the proposal to engage in negotiated rulemaking and on the proposed membership of the negotiated rulemaking committee;  and(7)  a description of the procedure through which a person who will be significantly affected by the proposed rule may, before the agency establishes the negotiated rulemaking committee, apply to the agency for membership on the committee or nominate another to represent the person's interests on the committee.(b)  A state agency that intends to proceed with the rulemaking process after receiving the report of the negotiated rulemaking committee shall announce in a statement accompanying the notice of a proposed rule required by Subchapter B, Chapter 2001, that:(1)  negotiated rulemaking was used in developing the proposed rule;  and(2)  the report of the negotiated rulemaking committee is public information and the location at which the report is available to the public.|Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.|
TX Govt Code § 2008.054 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2008 - Negotiated Rulemaking|Subchapter B. Procedures for Negotiated Rulemaking|Section 2008.054. Appointment and Duration of Negotiated Rulemaking Committee

Sec. 2008.054.  APPOINTMENT AND DURATION OF NEGOTIATED RULEMAKING COMMITTEE.  (a)  After considering comments it receives in response to the notice of proposed negotiated rulemaking, a state agency that intends to proceed shall establish a negotiated rulemaking committee and appoint the members of the committee.(b)  A state agency shall consider the appropriate balance between representatives of affected interests in appointing the negotiated rulemaking committee.(c)  The state agency shall appoint individuals to the committee to represent the agency and appoint other individuals to the committee to represent the interests identified by the agency that are likely to be affected by the proposed rule.  Article 6252-33, Revised Statutes, does not apply to the size or composition of the committee or to the agency's ability to reimburse expenses of committee members under Section 2008.003(b).(d)  The committee is automatically abolished on the adoption of the proposed rule, unless the committee or the state agency after consulting the committee specifies an earlier abolition date.|Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.|