By Turner of Coleman H.B. No. 190
Substitute the following for H.B. No. 190:
By Bosse C.S.H.B. No. 190
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) This section applies to property located, in
1-12 whole or in part, in a county with a population of 50,000 or less.
1-13 (b) The state or a political subdivision of the state with
1-14 eminent domain authority may not condemn property, in whole or in
1-15 part, in counties with population of less than 50,000 for required
1-16 federal mitigation for endangered species and wetlands impacts,
1-17 unless:
1-18 (1) condemnation is used as the last resort following
1-19 attempts to develop mitigation by conservation easements or through
1-20 mitigation banking; or
1-21 (2) the condemnation involves a willing seller who
1-22 objects only to the appraised value.
1-23 (c) To the extent of any conflict, this section controls
1-24 over any other statutory grant of authority to condemn property for
2-1 purposes of mitigation.
2-2 (d) In this section, "mitigation" refers to compensatory
2-3 mitigation, as defined by 40 CFR 1508.20, required by federal
2-4 regulations for endangered species and wetlands impacts.
2-5 SECTION 3. The change in law made by this Act applies only
2-6 to property for which a petition has not been filed as provided by
2-7 Section 21.012, Property Code.
2-8 SECTION 4. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.