(a) Purpose. This rule establishes procedures for the
Texas Juvenile Justice Department (TJJD) to determine if private real
property rights are affected by proposed governmental action to be
taken by TJJD.
(b) Responsibility. The TJJD staff member proposing
a governmental action is responsible for the actions described herein.
(c) Definitions. Definitions pertaining to this rule
are in the Private Real Property Rights Preservation Act (the Act),
Chapter 2007 of the Texas Government Code.
(d) Categorical Determination.
(1) Activities related to the following, and the programs,
policies, rules, or regulations promulgated to implement them, do
not affect private real property rights:
(A) youth care and treatment;
(B) facility operations, maintenance, and construction;
(C) personnel management; and
(D) purchase of goods and services.
(2) If the proposed governmental action falls within
one of the above categories, further compliance with the Act is not
required and a Takings Impact Assessment (TIA) must not be initiated.
(3) If the proposed governmental action does not fall
within one of the above categories, TJJD must make a No Private Real
Property Impact Determination to determine if a TIA is required.
(e) No Private Real Property Impact (No PRPI) Determination.
(1) A No PRPI Determination is made by finding the
proposed governmental action does not result in a burden on private
real property according to the procedures in subsection (e)(2) of
this section.
(2) A No PRPI Determination is made by answering the
following questions.
(A) Will the proposed governmental action involve a
physical seizure or occupation of private real property?
(B) Will the proposed governmental action involve a
regulation of private real property or of activities occurring on
private real property?
(C) Will the proposed governmental action diminish
or destroy the right of a private property owner to exclude others
from the property, possess it, or dispose of it?
(D) Will the value of private real property that is
the subject of the proposed governmental action be reduced by 25%
or more as a result of the action?
(3) If the answer to all four questions in subsection
(e)(2) of this section is "NO," there is a No PRPI Determination and
no further action is required under the Act. If the answer to any
of the four questions in subsection (e)(2) of this section is "YES,"
a TIA is required by the Act.
(f) TIA.
(1) Initiating a TIA. Before a TIA is initiated, the
following must be determined to be true pursuant to the procedures
in subsections (d) and (e) of this section:
(A) the contemplated governmental action does not fall
within the categorical determinations for which no TIA is required;
and
(B) there may be an impact on private real property
interests.
(2) Elements of the TIA. If the criteria in subsection
(f)(1) of this section are met, TJJD must prepare a written TIA that
does the following:
(A) describes the specific purpose of the proposed
governmental action;
(B) identifies:
(i) whether and how the proposed governmental action
substantially advances its stated purpose;
(ii) describes the burdens imposed on private real
property; and
(iii) describes the benefits to society resulting from
the proposed use of private real property; and
(C) explains whether engaging in the proposed governmental
action will constitute a taking under the United States Constitution,
the Texas Constitution, or the Act; and
(D) describes reasonable alternative actions that could
accomplish the specified purpose and compares, evaluates, and explains:
(i) how an alternative action would further the specified
purpose; and
(ii) whether an alternative action would constitute
a taking.
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Source Note: The provisions of this §385.8117 adopted to be effective December 31, 1996, 21 TexReg 11819, transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2016, 41 TexReg 8632 |