79S10589 DRH-D

By:  Corte                                                        H.B. No. 78 



A BILL TO BE ENTITLED

AN ACT

relating to the use of eminent domain by certain governmental 
entities and development corporations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle E, Title 10, Government Code, is 
amended  by adding Chapter 2206 to read as follows:

CHAPTER 2206.  PROHIBITION ON USE OF EMINENT DOMAIN BY CERTAIN STATE 
AND LOCAL ENTITIES FOR ECONOMIC DEVELOPMENT PURPOSES
	Sec. 2206.001.  PROHIBITION ON EMINENT DOMAIN FOR ECONOMIC 
DEVELOPMENT PURPOSES.  (a)  This section applies only to:
		(1)  an institution of higher education, as defined by 
Section 61.003, Education Code;
		(2)  a political subdivision of this state, including a 
municipality operating under Chapter 374, Local Government Code; or
		(3)  a corporation created by a political subdivision 
of this state under the Development Corporation Act of 1979 
(Article 5190.6, Vernon's Texas Civil Statutes).
	(b)  An entity to which this section applies may not take 
private property through the use of the power of eminent domain if a 
primary purpose of the taking is for economic development.  This 
section does not affect the authority of the entity to take private 
property for:
		(1)  a road, street, or highway;                                       
		(2)  utility services; or                                              
		(3)  infrastructure related to a project described by 
Subdivision (1) or (2).
	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 November 1, 2005.