(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:
(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.
(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:
(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:
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