79S10383 AJA-D

By:  Pena                                                         H.B. No. 73 



A BILL TO BE ENTITLED

AN ACT

relating to the use of the power of eminent domain by a political 
subdivision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle C, Title 8, Local Government Code, is 
amended by adding Chapter 274 to read as follows:

CHAPTER 274.  CONDEMNATION BY POLITICAL SUBDIVISION FOR ECONOMIC 
DEVELOPMENT PURPOSES
	Sec. 274.001.  DEFINITIONS.  In this chapter, "blighted 
area" and "slum area" have the meanings assigned by Section 
374.003.
	Sec. 274.002.  CONDEMNATION FOR ECONOMIC DEVELOPMENT 
PURPOSES.  A political subdivision of this state may not take 
private property through the use of the power of eminent domain if 
the primary purpose of the taking is for economic development 
unless the area being developed is a blighted area or slum area.
	SECTION 2.  The change in law made by this Act applies only 
to the taking of property for which a condemnation petition is filed 
on or after the effective date of this Act.  The taking of property 
for which a condemnation petition is filed before the effective 
date of this Act is governed by the law in effect immediately before 
that date, and that law is continued in effect for that purpose.
	SECTION 3.  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 on the 91st day after the last day of the 
legislative session.