Bill Amendment: TX HB3 | 2021-2022 | 87th Legislature

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters, including pandemic disasters, and emergencies.

Status: 2021-05-28 - Senate appoints conferees-reported [HB3 Detail]

Download: Texas-2021-HB3-House_Amendment_H_2_14-Schofield.html

---

Amend CSHB 3 (committee printing) as follows:

(1)  On page 8, line 27, insert the following:

Sec. 418A.0071 COMPENSATION FOR GOVERNMENTAL ACTION.  (a)  Except as provided by Subsection (b), a business owner is entitled to compensation from a political subdivision for losses caused to the owner's business by an order issued by the political subdivision that:

(1)  closes a business permanently or temporarily; or

(2)  effectively closes a business by:

(A)  limiting the business's operations to the extent that the business owner cannot effectively maintain the business; or

(B)  ordering customers not to patronize the business.

(b)  A business owner is not entitled to compensation under Subsection (a) if the political subdivision can demonstrate that the primary reason for the governmental action was:

(1)  a judicial finding that the business:

(A)  was a nuisance under Chapter 125, Civil Practice and Remedies Code, Chapter 341 or 343, Health and Safety Code, or common law; or

(B)  violated other law; or

(2)  a finding that the business or owner failed to:

(A)  acquire or maintain a license required by the governmental entity for the business;

(B)  file or maintain records required by the secretary of state; or

(C)  pay taxes.

Sec. 418A.0072 ACTION AGAINST POLITICAL SUBDIVISION. (a) A business owner may bring an action against a political subdivision for compensation for damages caused to the business by a governmental action described by Section 418A.0071(a).

(b)  An action under this chapter may be brought in a district court in any county in which the business is located.

Sec. 418A.0073 WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO SUE.  Sovereign and governmental immunity to suit and from liability is waived and abolished to the extent of liability created by Sections 418A.0071 and 0072.