H.B. No. 2540
AN ACT
relating to granting a defense base development authority the power
of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 378, Local Government Code, as added by
Chapter 1221, Acts of the 76th Legislature, Regular Session, 1999,
is amended by adding Section 378.0045 to read as follows:
Sec. 378.0045. EMINENT DOMAIN. (a) An authority or an
authority whose subject property is within the territorial limits
of a municipality may exercise the power of eminent domain to
acquire property in or adjacent to the base property only in the
manner provided by Chapter 21, Property Code.
(b) Before the authority initiates an eminent domain
proceeding to acquire property, the board must:
(1) adopt a master development and redevelopment plan
for the property in or adjacent to the base property and incorporate
and approve the plan as part of the master plan of the municipality
in which the base property is located; and
(2) find, after conducting a public hearing, that:
(A) notice of the hearing was published in a
newspaper of general circulation in the municipality in which the
base property is located not later than the 15th day before the date
of the hearing;
(B) the property lies in a redevelopment project
designated under Section 378.009, as added by Chapter 1221, Acts of
the 76th Legislature, Regular Session, 1999; and
(C) the use of eminent domain is necessary to
acquire the property to carry out the essential objectives of the
master development and redevelopment plan as approved by the
municipality.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2540 was passed by the House on May
16, 2003, by the following vote: Yeas 142, Nays 1, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2540 on May 28, 2003, by the following vote: Yeas 141, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2540 was passed by the Senate, with
amendments, on May 26, 2003, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor