79S10553 KCR-D

By:  Coleman                                                      H.B. No. 84 



A BILL TO BE ENTITLED

AN ACT

relating to the exercise of eminent domain authority or purchase of 
certain real property by certain nonprofit charitable 
corporations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  This Act may be cited as the Neighborhood 
Protection Act.        
	SECTION 2.  The heading to Chapter 178, Acts of the 56th 
Legislature, Regular Session, 1959 (Article 3183b-1, Vernon's 
Texas Civil Statutes), is amended to read as follows:
	Art. 3183b-1.  EMINENT DOMAIN AND PURCHASE OF CERTAIN REAL 
PROPERTY BY CERTAIN NONPROFIT CHARITABLE CORPORATIONS
	SECTION 3.  Chapter 178, Acts of the 56th Legislature, 
Regular Session, 1959 (Article 3183b-1, Vernon's Texas Civil 
Statutes), is amended by adding Section 3A to read as follows:
	Sec. 3A.  Notwithstanding Section 2 or 3 of this Act or 
Section 11.23(j-1), Tax Code, a charitable corporation to which 
this Act applies may exercise the power of eminent domain granted by 
this Act to acquire real property for an ancillary or service 
activity described by Section 2 or 3 of this Act only if the 
ancillary or service activity:
		(1)  is first undertaken in direct support of a 
medical, teaching, or research facility, regardless of whether the 
facility is completed or under construction or renovation, that the  
ancillary or service activity supports;
		(2)  furthers the purpose of medical care, teaching, or 
research for the public welfare; and
		(3)  is not solely or primarily undertaken for the 
purpose of economic development.
	SECTION 4.  Section 6, Chapter 178, Acts of the 56th 
Legislature, Regular Session, 1959 (Article 3183b-1, Vernon's 
Texas Civil Statutes), is amended to read as follows:
	Sec. 6.  (a)  Except as provided by Subsection (b) of this 
section, the [The] power of eminent domain granted by this Act shall 
be exercised in accordance with Chapter 21, Property Code [the 
procedure, conditions, and provisions as prescribed in Title 52, 
Revised Civil Statutes of Texas, 1925, as amended].
	(b)  If a charitable corporation to which this Act applies 
seeks to acquire any real property by condemnation or seeks to 
purchase any real property that the corporation intends to use in a 
manner that would not comply with any deed restriction that applies 
to the property immediately before the purchase, before the 
charitable corporation initiates condemnation proceedings or 
records the deed conveying title to the property the charitable 
corporation shall hold a public hearing on the proposed acquisition 
or purchase at which public testimony regarding the proposed 
acquisition or purchase is allowed.  The hearing must be held at a 
location not more than three miles from the property.  Not later 
than the 30th day before the date of the hearing, the charitable 
corporation shall, in addition to providing any other notice 
required by law:
		(1)  provide notice by registered or certified mail to:                
			(A)  the state senator and state representative 
who represent each district in which all or part of the property is 
located;
			(B)  the mayor and each member of the governing 
body of each municipality in which all or part of the property is 
located; and
			(C)  the owner of record of each unit of real 
property:             
				(i)  that the charitable corporation seeks 
to acquire or purchase; or
				(ii)  that is not more than 200 feet from any 
boundary of any unit of real property the charitable corporation 
seeks to acquire or purchase; and
		(2)  publish, in one or more newspapers of general 
circulation in each county in which all or part of the property is 
located, notice that includes:
			(A)  the time, date, and location of the hearing;                     
			(B)  the address of each unit of real property 
under consideration; and
			(C)  the proposed use of the property.                                
	SECTION 5.  Chapter 178, Acts of the 56th Legislature, 
Regular Session, 1959 (Article 3183b-1, Vernon's Texas Civil 
Statutes), is amended by adding Section 7 to read as follows:
	Sec. 7.  With respect to all records and information 
relating to the exercise of the power of eminent domain under this 
Act, a charitable corporation to which this Act applies is subject 
to the open records law, Chapter 552, Government Code, in the same 
manner as a governmental body.
	SECTION 6.  The changes in law made by this Act to Chapter 
178, Acts of the 56th Legislature, Regular Session, 1959 (Article 
3183b-1, Vernon's Texas Civil Statutes), apply to the acquisition 
of real property by eminent domain or the purchase of real property 
on or after the effective date of this Act unless condemnation 
proceedings are initiated or a deed conveying title to the property 
is filed before the effective date of this Act, in which event the 
acquisition or purchase is governed by the law in effect at the time 
the proceedings are initiated or the deed is filed, and the former 
law is continued in effect for that purpose.  The changes in law 
made by this Act to Chapter 178, Acts of the 56th Legislature, 
Regular Session, 1959 (Article 3183b-1, Vernon's Texas Civil 
Statutes), do not apply to acquisition of real property by eminent 
domain or the purchase of real property before the effective date of 
this Act.
	SECTION 7.  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.