SRC-TJG S.B. 1227 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1227
By: Duncan
Natural Resources
3/25/2003
As Filed


DIGEST AND PURPOSE 

Currently, when a political subdivision exercises eminent domain, the
political subdivision is required to prove the condemnation is necessary
because a voluntary purchase of the property was not possible and the
condemnation is necessary to fulfill a public purpose.  As proposed, S.B.
1227 requires a political subdivision condemning the rights to groundwater
or surface water to prove that it has taken certain actions and that
condemnation was the only reasonable method to secure water for the
political subdivision. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 21B, Property Code, by adding Section 21.0121,
as follows: 

Sec. 21.0121.  CONDEMNATION TO ACQUIRE WATER RIGHTS.  (a) Requires a
condemnation petition filed by a political subdivision of this state for
the purpose of acquiring rights to groundwater or surface water, in
addition to the contents prescribed by Section 21.012(b), to state that
the facts to be proven are that the political subdivision has taken
certain actions. 

(b) Requires a court to deny the right to condemn unless the political
subdivision proves to the court that the political subdivision has met the
requirements of Subsection (a). 

SECTION 2.  Effective date: September 1, 2003.