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.