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79S10953 AJA-D

By:  Shapleigh                                                  S.J.R. No. 15 



A JOINT RESOLUTION

proposing a constitutional amendment to prohibit taking of property 
through eminent domain for economic development, except in certain 
circumstances, or to raise certain revenue.
	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)  In this section, "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.
	(b)  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 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 prohibit the taking 
of private property through the use of eminent domain if a purpose 
of the taking is economic development, except in specified 
circumstances, or to raise certain revenue."