By:  Corte, Bonnen, Hilderbran, Campbell,                       H.J.R. No. 19 
 
    Oliveira, et al.                                                         


A JOINT RESOLUTION

proposing a constitutional amendment to restrict the state or a 
political subdivision from taking private property for the primary 
purpose of economic development or to benefit a particular class of 
identifiable individuals.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Article I, Texas Constitution, is amended by 
adding Section 17A to read as follows:
	Sec. 17A.  (a)  The state or a political subdivision of the 
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 or to benefit a particular class of identifiable 
individuals.
	(b)  This section does not affect the authority of a 
political subdivision to take private property, as authorized by 
law, through the use of eminent domain for a municipal sports and 
community venue project and related infrastructure that are 
approved by the voters of the political subdivision at an election 
held on or before December 1, 2005.
	(c)  If property that is a homestead is located in a 
municipality and is taken under the power of eminent domain and if a 
purpose of the taking is economic development, the owner of the 
homestead property is entitled to compensation in an amount equal 
to the greater of:
		(1)  the actual damages resulting from the taking of 
the homestead property; or
		(2)  the value necessary to replace the homestead 
property with comparable other property in the municipality.
	(d)  The legislature may provide by general law the actions 
that are considered to be takings for economic development purposes 
or to benefit a particular class of identifiable individuals under 
Subsection (a) of this section.
	(e)  The determination of the state or political subdivision 
that the primary purpose of the state's or political subdivision's 
taking of private property is not for economic development or to 
benefit a particular class of identifiable individuals does not 
create a presumption with respect to the primary purpose of the 
taking.  The primary purpose of a taking is a question of fact.
	SECTION 2.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 8, 2005.  
The ballot shall be printed to permit voting for or against the 
proposition:  "The constitutional amendment to restrict the state 
or a political subdivision from taking private property for 
economic development purposes or to benefit a particular class of 
identifiable individuals."