By Naishtat H.B. No. 2544
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the acquisition and disposition of land or another real
1-3 property interest by a political subdivision.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 251.001, Local Government Code, is
1-6 amended by adding Subsection (c) to read as follows:
1-7 (c) Unless the municipality obtains the written approval of
1-8 the governing body of the county in which the property to be
1-9 acquired is located, a municipality may not exercise the right of
1-10 eminent domain under Subsection (a) to acquire public or private
1-11 property that is located:
1-12 (1) outside the municipality;
1-13 (2) outside the county in which the municipality is
1-14 located; and
1-15 (3) in a county that has a population of 15,000 or
1-16 less.
1-17 SECTION 2. Section 272.001(g), Local Government Code, is
1-18 amended to read as follows:
1-19 (g) A political subdivision may acquire or assemble land or
1-20 real property interest, except by condemnation, and sell, exchange,
1-21 or otherwise convey the land or interests to an entity for the
1-22 development of low-income or moderate-income housing. The
1-23 political subdivision [municipality] shall determine the terms and
1-24 conditions of the transactions so as to effectuate and maintain the
2-1 public purpose. If conveyance of land under this subsection serves
2-2 a public purpose, the land may be conveyed for less than its fair
2-3 market value. In this subsection, "entity" means an individual,
2-4 corporation, partnership, or other legal entity.
2-5 SECTION 3. The change in law made by Section 251.001(c),
2-6 Local Government Code, as added by this Act, applies only to a
2-7 municipality that files a petition under Chapter 21, Property Code,
2-8 to acquire property by eminent domain on or after the effective
2-9 date of this Act. A municipality that files a petition before the
2-10 effective date of this Act is governed by the law in effect when
2-11 the petition was filed, and the former law is continued in effect
2-12 for that purpose.
2-13 SECTION 4. This Act takes effect immediately if it receives
2-14 a vote of two-thirds of all the members elected to each house, as
2-15 provided by Section 39, Article III, Texas Constitution. If this
2-16 Act does not receive the vote necessary for immediate effect, this
2-17 Act takes effect September 1, 2001.