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.