79S20603 DRH-F



By:  Armbrister                                                   S.B. No. 41 







A BILL TO BE ENTITLED



AN ACT



relating to the exercise of the power of eminent domain.                      

	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        

	SECTION 1.  (a)  Before September 1, 2007, the state, a 

political subdivision of this state, or any other entity may not 

take private property by eminent domain in furtherance of:

		(1)  any economic or industrial development plan under 

the Development Corporation Act of 1979 (Article 5190.6, Vernon's 

Texas Civil Statutes); or

		(2)  a community development program or urban renewal 

plan developed primarily for economic development purposes under 

Chapter 373 or 374, Local Government Code.

	(b)  This section expires January 1, 2008.                                     

	SECTION 2.  (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 speaker of the house of representatives shall 

designate one member of the house of representatives appointed to 

the committee to act as co-chair.  The lieutenant governor shall 

designate one senator appointed to the committee to act as 

co-chair.

	(d)  The interim committee shall:                                              

		(1)  study the use of the power of eminent domain, 

including:               

			(A)  the use of the power of eminent domain for 

economic development purposes; and

			(B)  the components of compensation awarded to 

owners of property taken through the power of eminent domain, 

including whether the replacement value of the property or other 

components should be taken into consideration to fully compensate 

property owners; 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 the speaker of the 

house of representatives not later than November 1, 2006.

	(f)  This section expires January 1, 2007.                                     

	SECTION 3.  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.