79S10954 AJA-D

By:  Shapleigh                                                    S.B. No. 78 



A BILL TO BE ENTITLED

AN ACT

relating to the use of the power of eminent domain.                           
	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.  CONDEMNATION FOR ECONOMIC DEVELOPMENT OR RECOUPMENT 
PURPOSES
	Sec. 2206.001.  DEFINITION.  In this chapter, "economic 
development" means efforts to promote prosperity and comfort in a 
community, stimulate the economy, expand employment opportunities, 
encourage the establishment and growth of commerce and industry, or 
expand the property and sales tax base.
	Sec. 2206.002.  CONDEMNATION FOR ECONOMIC DEVELOPMENT OR 
RECOUPMENT.  Private property may not be taken through the use of 
eminent domain:
		(1)  to raise revenue to meet the cost of a public 
project if the property being taken is not otherwise necessary for 
the successful operation of that public project; or
		(2)  if a purpose of the taking is economic development 
unless:      
			(A)  there is a definite public right or use in the 
purpose to which the property is to be devoted;
			(B)  the taking of the property is reasonably 
necessary for the successful operation of a public project in which 
there is a definite public right or use; or
			(C)  the taking prevents a menace to the health, 
safety, morals, and welfare of citizens.
	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 on the 91st day after the last day of the 
legislative session.