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79S10676 DRH-D

By:  Woolley                                                      H.B. No. 116



A BILL TO BE ENTITLED

AN ACT

relating to limiting the use of eminent domain to take private 
property for economic development purposes.
	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.  LIMITATION ON USE OF EMINENT DOMAIN FOR ECONOMIC 
DEVELOPMENT PURPOSES
	Sec. 2206.001.  LIMITATION ON EMINENT DOMAIN FOR ECONOMIC 
DEVELOPMENT PURPOSES.  (a)  This section applies to the use of 
eminent domain under the laws of this state by any governmental or 
private entity, including:
		(1)  a state agency, including an institution of higher 
education as defined by Section 61.003, Education Code;
		(2)  a political subdivision of this state; or                         
		(3)  a corporation created by a governmental entity to 
act on behalf of the entity.
	(b)  A governmental or private entity may not take private 
property through the use of eminent domain if the taking is for 
economic development purposes.
	(c)  This section does not affect the authority of an entity 
authorized by law to take private property through the use of 
eminent domain for utility services.
	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.