SECTION 59.7. Private Real Property Rights Affected by Governmental Action

(a) Purpose. The purpose of this section is to establish procedures whereby the agency determines if private real property rights are affected by governmental action taken by the Commission.

(b) Categorical Determination. Categorical Determinations that no private real property interests are affected by the proposed governmental action obviates need for further compliance with the Private Real Property Preservation Act (Chapter 2007, Government Code).

(1) The following activities and programs, and policies or regulations promulgated to implement them do not affect private real property interests:

(A) Activities related to personnel management;

(B) Activities related to purchase of goods and services;

(C) Activities related to the general administrative practice and procedures of the agency;

(D) Requirements regarding the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment;

(E) Requirements related to hearings and appeals;

(F) Activities related to the sale and distribution of veterinary biological products.

(c) Making a No Private Real Property Impact (No PRPI) Determination. If it is determined that there are no private real property interests impacted by a specific governmental action, the need for any further compliance with the Private Real Property Preservation Act is obviated.

(1) A No Private Real Property Impact (No PRPI) Determination is determined by answering the following question: Does the covered governmental action result in a burden on private real property as that term is defined in the Act?

(2) Whether the governmental action results in a burden on private real property is determined by the answers to the following questions:

(A) Will the action involve a physical seizure or occupation of private real property?

(B) Will the action involve a regulation of private real property or of activities occurring on private real property?

(C) Will the action diminish or destroy the right of a private property owner to exclude others from the property, to possess it, or dispose of it?

(D) Will the value of private real property that is the subject of the action be reduced by 25% or more as a result of the action?

(3) If the answer to each of the four questions is NO, there is a No Private Real Property Impact (No PRPI) Determination and no further action pursuant to Chapter 2007 of the Government Code is needed for the action. If the answer to any of the four questions is YES, a Taking Impact Assessment (TIA) is required.

(d) Taking Impact Assessment (TIA).

(1) Prior to Completion of TIA. Before a TIA is completed, it should be determined by the above procedure that:

(A) The contemplated governmental action does not fall within the Categorical Determinations for which no TIA is required; and

(B) That there may be an impact on Private Real Property Interests.

(2) Elements of the TIA. The specific elements that must be evaluated when proposing to undertake a governmental action that requires a TIA include the following:

(A) Describe the specific purpose of the proposed action and identify whether and how the proposed action substantially advances its stated purpose; and

(B) Describe the burdens imposed on private real property; and

(C) Describe the benefits to society resulting from the proposed use of private real property; and

(D) Determine whether engaging in the proposed governmental action will constitute a "taking" by answering:

(i) Is there a "taking" under the United States Constitution; or

(ii) Is there a "taking" under the Texas Constitution; or

(iii) Is there a "taking" under the Act (25% diminution in value or property subject of the governmental action); and

(E) Describe reasonable alternative actions that could accomplish the specified purpose and compare, evaluate, and explain:

(i) How an alternative action would further the specified purpose; and

(ii) Whether an alternative action would constitute a taking.

(e) A TIA prepared under this section is public information.

Source Note: The provisions of this §59.7 adopted to be effective April 16, 1997, 22 TexReg 3398.