By Turner of Coleman                                   H.B. No. 190

      75R1317 PAM-F                           

                                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.