79(2) HB 60 - Introduced version




                                                                                





By:  Coleman                                                      H.B. No. 60 







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.