SRC-JEC S.J.R. 57 78(R)   BILL ANALYSIS


Senate Research Center   S.J.R. 57
78R8319 MXM-DBy: Wentworth
State Affairs
4/6/2003
As Filed


DIGEST AND PURPOSE 

Currently, no mechanism exists to allow a person whose property was
acquired by the government through eminent domain, when the project for
which the property was acquired is canceled, to get the property back,
other than a bidding process.  As proposed, S.J.R. 57 proposes to the
voters a constitutional amendment that would allow the government to sell
the property to the property's previous owner at the price for which it
was purchased. 

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 Article III, Texas Constitution, by adding Section
52-c, as follows: 

Sec. 52-c.  Authorizes a governmental entity, notwithstanding any other
provision of this constitution, to sell real property acquired through
eminent domain at the price the entity paid at the time of acquisition if
the public use for which the property was originally acquired no longer
exists, and the sale is made to the person who owned the real property
interest immediately before the governmental entity acquired the property
interest, or to the heirs of that person if the person is deceased. 

SECTION 2.  Requires this proposed constitutional amendment to be
submitted to the voters at the November 4, 2003, election, and the ballot
to be printed in a certain manner.