By Bosse, Turner of Coleman                            H.B. No. 716
         76R3743 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of governmental entities to exercise the
 1-3     right of eminent domain.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 273, Local Government Code, is amended by
 1-6     adding Section 273.0011 to read as follows:
 1-7           Sec. 273.0011.  ACQUISITION OF PROPERTY PROHIBITED IN CERTAIN
 1-8     CIRCUMSTANCES.  (a)  In this section, "local governmental entity"
 1-9     means:
1-10                 (1)  a municipality, county, school district,
1-11     special-purpose district or authority, or another political
1-12     subdivision of the state; or
1-13                 (2)  an agency, subdivision, or instrumentality of an
1-14     entity described by Subdivision (1).
1-15           (b)  A local governmental entity may not exercise the right
1-16     of eminent domain to acquire public or private property for the
1-17     purpose of promoting economic development in the jurisdiction of
1-18     the local governmental entity if the purpose of the economic
1-19     development of the property to be acquired is to establish or
1-20     expand a business enterprise that sells goods at retail.
1-21           SECTION 2.  The importance of this legislation and the
1-22     crowded condition of the calendars in both houses create an
1-23     emergency and an imperative public necessity that the
1-24     constitutional rule requiring bills to be read on three several
 2-1     days in each house be suspended, and this rule is hereby suspended,
 2-2     and that this Act take effect and be in force from and after its
 2-3     passage, and it is so enacted.