By Armbrister                                         S.J.R. No. 17
         76R4341 PAM-F                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment declaring that the taking of
 1-2     property to provide an access easement to land that does not have a
 1-3     means of access constitutes and serves a public use and purpose.
 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 17, Article I, Texas Constitution, is
 1-6     amended to read as follows:
 1-7           Sec. 17.  (a)  No person's property shall be taken, damaged
 1-8     or destroyed for or applied to public use without adequate
 1-9     compensation being made, unless by the consent of such person; and,
1-10     when taken, except for the use of the State, such compensation
1-11     shall be first made, or secured by a deposit of money; and no
1-12     irrevocable or uncontrollable grant of special privileges or
1-13     immunities, shall be made; but all privileges and franchises
1-14     granted by the Legislature, or created under its authority shall be
1-15     subject to the control thereof.
1-16           (b)  The taking or condemnation of property to provide an
1-17     access easement to land that does not have a means of access
1-18     constitutes and serves a public use and public purpose because the
1-19     access enhances the welfare and prosperity of the general public by
1-20     promoting the alienability of land.  The fact that the owner of the
1-21     land to which the access easement is provided does not reside on
1-22     the land or that the access easement may be used by a relatively
1-23     small percentage of the general public does not affect the
1-24     declaration of public use and public purpose made by this
 2-1     subsection.
 2-2           SECTION 2.  This proposed constitutional amendment shall be
 2-3     submitted to the voters at an election to be held November 2, 1999.
 2-4     The ballot shall be printed to permit voting for or against the
 2-5     proposition:  "The constitutional amendment declaring that the
 2-6     taking of property to provide an access easement to land that does
 2-7     not have a means of access constitutes and serves a public use and
 2-8     purpose."