79S20006 AJA-D



By:  Corte                                                      H.J.R. No. 11 







A JOINT RESOLUTION



proposing a constitutional amendment to prohibit 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)  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 prohibit 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."