FLC Icon

Bill Summary Details

Governmental Actions Affecting Private Property Rights (Oppose) 

CS/CS/HB 421 (Tuck) and CS/SB 1876 (Albritton) amend current law to provide procedures and remedies to landowners whose property is inordinately burdened by a local government regulation. Of concern to cities, the bills amend the term “action of a governmental entity” to now include the passing of an ordinance or regulation that diminishes a property owners property value, even if that ordinance or regulation is not applied to the property. This change will allow a property owner to initiate a Bert Harris claim without applying for a permit and being denied by a government entity. The bill allows a property owner to retain the ability to bring a Bert Harris lawsuit even if they sell their interest in the property in question. The bill amends the attorney fee provisions of the Harris Act to favor property owners. Lastly, the bill shortens the time frame governments will have to respond to Harris claims from 150 days to 90 days. CS/CS/HB 421 passed the House and Senate and is awaiting action by the governor. The bill is effective October 1, 2021. (Cruz)