Amend CSSB 62 (house committee printing) in SECTION 1 of the 

bill in added Section 2206.001, Government Code, by inserting the 

following appropriately designated subsection:

	( )  The question of whether a taking of private property 

through the use of eminent domain violates Subsection (b) is a 

question of fact.  The determination by the governmental or private 

entity proposing to take the property that the taking does not 

involve an act or circumstance prohibited by Subsection (b) does 

not create a presumption with respect to whether the taking 

involves that act or circumstance.