By:  Menendez (Senate Sponsor - Van de Putte)                     H.B. No. 2540
	(In the Senate - Received from the House May 19, 2003; 
May 20, 2003, read first time and referred to Committee on Veteran 
Affairs and Military Installations; May 22, 2003, reported 
favorably by the following vote:  Yeas 3, Nays 1; May 22, 2003, sent 
to printer.)


A BILL TO BE ENTITLED

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 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.



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