By: Janek, Nelson S.B. No. 7
A BILL TO BE ENTITLED
AN ACT
relating to limiting the use of eminent domain to take private
property.
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. LIMITATIONS ON USE OF EMINENT DOMAIN
Sec. 2206.001. LIMITATION ON EMINENT DOMAIN FOR PRIVATE
PARTIES OR ECONOMIC DEVELOPMENT PURPOSES. (a) This section
applies to the use of eminent domain under the laws of this state,
including a local or special law, by any governmental or private
entity, including:
(1) a state agency, including an institution of higher
education as defined by Section 61.003, Education Code;
(2) a political subdivision of this state; or
(3) a corporation created by a governmental entity to
act on behalf of the entity.
(b) A governmental or private entity may not take private
property through the use of eminent domain if the taking:
(1) confers a private benefit on a particular private
party through the use of the property, except to the extent
necessary to accomplish the secondary purpose described in
Subdivision (3);
(2) is merely a pretext to confer a private benefit on
a particular private party; or
(3) is for economic development purposes, unless the
economic development is a secondary purpose resulting from
municipal community development or municipal urban renewal
activities under Chapter 373 or 374, Local Government Code, to
eliminate an existing affirmative harm on society from slum or
blighted areas, or Chapter 311, Tax Code, to eliminate the
conditions described in Section 311.005(a)(1)(I), Tax Code.
(c) This section does not affect the authority of an entity
authorized by law to take private property through the use of
eminent domain for:
(1) transportation projects, including, but not
limited to, railroads, ports, airports, or public roads or
highways;
(2) water supply, wastewater, flood control, and
drainage projects;
(3) other public infrastructure, including public
buildings, hospitals, and parks;
(4) the operations of a common carrier or regulated
energy transporter;
(5) the provision of utility services;
(6) a sports and community venue project approved by
voters at an election held on or before December 1, 2005, under
Chapter 334 or 335, Local Government Code;
(7) a library, museum, auditorium, or similar facility
and related infrastructure; or
(8) radioactive waste disposal projects.
SECTION 2. Section 21.001, Property Code, is amended to
read as follows:
Sec. 21.001. CONCURRENT JURISDICTION. District courts and
county courts at law have concurrent jurisdiction in eminent domain
cases in every county in the state, notwithstanding any other law.
A county court has no jurisdiction in eminent domain cases.
SECTION 3. Section 21.013, Property Code, is amended to
read as follows:
Sec. 21.013. VENUE; FEES AND PROCESSING FOR ACTION [SUIT]
FILED IN DISTRICT COURT. (a) The venue of a condemnation proceeding
is the county in which the owner of the property being condemned
resides if the owner resides in a county in which part of the property
is located. Otherwise, the venue of a condemnation proceeding is any
county in which at least part of the property is located.
(b) Except where otherwise provided by law, a party
initiating a condemnation proceeding [in a county in which there is
one or more county courts at law with jurisdiction] shall file the
petition with any clerk authorized to handle such filings for a
[that] court that has jurisdiction in eminent domain cases [or
courts].
(c) [A party initiating a condemnation proceeding in a
county in which there is not a county court at law must file the
condemnation petition with the district clerk.] The filing fee
shall be due at the time of filing in accordance with Section
51.317, Government Code.
(d) District and county clerks shall assign an equal number
of eminent domain cases in rotation to each court with jurisdiction
that the clerk serves.
SECTION 4. Subsection (b), Section 203.052, Transportation
Code, as amended by H.B. No. 2702, Acts of the 79th Legislature,
Regular Session, 2005, is amended to read as follows:
(b) Property necessary or convenient to a state highway for
purposes of Subsection (a) includes an interest in real property, a
property right, or a material that the commission determines is
necessary or convenient to:
(1) protect a state highway;
(2) drain a state highway;
(3) divert a stream, river, or other watercourse from
the right-of-way of a state highway;
(4) store materials or equipment for use or used in the
construction or maintenance of a state highway;
(5) construct or operate a warehouse or other facility
used in connection with the construction, maintenance, or operation
of a state highway;
(6) lay out, construct, or maintain a roadside park;
(7) lay out, construct, or maintain a parking lot that
will contribute to maximum use of a state highway with the least
possible congestion;
(8) mitigate an adverse environmental effect that
directly results from construction or maintenance of a state
highway;
(9) provide a location for [an ancillary facility that
is anticipated to generate revenue for use in the design,
development, financing, construction, maintenance, or operation of
a toll project, including] a gas station[, garage, store, hotel,
restaurant, or other commercial facility];
(10) construct or operate a toll booth, toll plaza,
service center, or other facility used in connection with the
construction, maintenance, or operation of a toll project; or
(11) accomplish any other purpose related to the
location, construction, improvement, maintenance, beautification,
preservation, or operation of a state highway.
SECTION 5. Section 203.052, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) The commission may not condemn property for a purpose
described in Subsection (b)(9) unless:
(1) subject to the provisions of Section 227.041(b-1),
the purpose is for a gas station, convenience store, or similar
facility; or
(2) the purpose is to provide a location between the
main lanes of a highway or between a highway and a department rail
facility for a gas station, convenience store, or similar facility
that:
(A) provides services to and directly benefits
users of a toll project; and
(B) is not located within 10 miles of an
intersection of the toll project and a segment of another state
highway that is designated as an interstate highway.
SECTION 6. (a) An interim committee is created to study
the use of the power of eminent domain.
(b) The interim committee consists of:
(1) five members of the senate appointed by the
lieutenant governor; and
(2) five members of the house of representatives
appointed by the speaker of the house of representatives.
(c) The lieutenant governor shall designate one senator
appointed to the interim committee to act as chair. The speaker of
the house of representatives shall designate one member of the
house of representatives appointed to the committee to act as vice
chair.
(d) The interim committee shall:
(1) study the use of the power of eminent domain,
including the use of the power of eminent domain for economic
development purposes; and
(2) prepare a report of the committee's study for the
80th Legislature.
(e) The report required by Subsection (d)(2) of this section
must be filed with the lieutenant governor and speaker of the house
of representatives not later than December 1, 2006.
SECTION 7. Sections 21.001 and 21.013, Property Code, as
amended by this Act, apply only to a condemnation proceeding
initiated on or after the effective date of this Act. A
condemnation proceeding initiated before the effective date of this
Act is governed by the law in effect immediately before that date,
and that law is continued in effect for that purpose.
SECTION 8. 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.