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.