1-1 By: Naishtat (Senate Sponsor - Barrientos) H.B. No. 2544
1-2 (In the Senate - Received from the House May 11, 2001;
1-3 May 11, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 11, 2001, reported favorably by
1-5 the following vote: Yeas 4, Nays 0; May 11, 2001, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the acquisition and disposition of land or another real
1-10 property interest by a political subdivision.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 251.001, Local Government Code, is
1-13 amended by adding Subsection (c) to read as follows:
1-14 (c) Unless the municipality obtains the written approval of
1-15 the governing body of the county in which the property to be
1-16 acquired is located, a municipality may not exercise the right of
1-17 eminent domain under Subsection (a) to acquire public or private
1-18 property that is located:
1-19 (1) outside the municipality;
1-20 (2) outside the county in which the municipality is
1-21 located; and
1-22 (3) in a county that has a population of 15,000 or
1-23 less.
1-24 SECTION 2. Section 272.001(g), Local Government Code, is
1-25 amended to read as follows:
1-26 (g) A political subdivision may acquire or assemble land or
1-27 real property interest, except by condemnation, and sell, exchange,
1-28 or otherwise convey the land or interests to an entity for the
1-29 development of low-income or moderate-income housing. The
1-30 political subdivision [municipality] shall determine the terms and
1-31 conditions of the transactions so as to effectuate and maintain the
1-32 public purpose. If conveyance of land under this subsection serves
1-33 a public purpose, the land may be conveyed for less than its fair
1-34 market value. In this subsection, "entity" means an individual,
1-35 corporation, partnership, or other legal entity.
1-36 SECTION 3. The change in law made by Section 251.001(c),
1-37 Local Government Code, as added by this Act, applies only to a
1-38 municipality that files a petition under Chapter 21, Property Code,
1-39 to acquire property by eminent domain on or after the effective
1-40 date of this Act. A municipality that files a petition before the
1-41 effective date of this Act is governed by the law in effect when
1-42 the petition was filed, and the former law is continued in effect
1-43 for that purpose.
1-44 SECTION 4. This Act takes effect immediately if it receives
1-45 a vote of two-thirds of all the members elected to each house, as
1-46 provided by Section 39, Article III, Texas Constitution. If this
1-47 Act does not receive the vote necessary for immediate effect, this
1-48 Act takes effect September 1, 2001.
1-49 * * * * *