74R11956 E
By Turner of Coleman, et al. H.B. No. 396
Substitute the following for H.B. No. 396:
By Turner of Coleman C.S.H.B. No. 396
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prohibiting certain entities from condemning property
1-3 in certain circumstances.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading of Subchapter A, Chapter 21, Property
1-6 Code, is amended to read as follows:
1-7 SUBCHAPTER A. GENERAL PROVISIONS <JURISDICTION>
1-8 SECTION 2. Subchapter A, Chapter 21, Property Code, is
1-9 amended by adding Section 21.004 to read as follows:
1-10 Sec. 21.004. CONDEMNATION PROHIBITED IN CERTAIN
1-11 CIRCUMSTANCES. (a) The state or a political subdivision of the
1-12 state with eminent domain authority may not condemn property, in
1-13 whole or in part, for purposes of mitigation.
1-14 (b) To the extent of any conflict, this section controls
1-15 over any other statutory grant of authority to condemn property for
1-16 purposes of mitigation.
1-17 (c) In this section, "mitigation" means the offsetting of
1-18 the adverse effect of land use in environmentally sensitive areas
1-19 as required by the federal government.
1-20 SECTION 3. The change in law made by this Act applies only
1-21 to property for which a petition has not been filed as provided by
1-22 Section 21.012, Property Code.
1-23 SECTION 4. The importance of this legislation and the
1-24 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.