By: Gattis H.B. No. 1208
A BILL TO BE ENTITLED
AN ACT
relating to a limitation on the use of eminent domain by certain
conservation and reclamation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 54, Water Code, is amended
by adding Section 54.209 to read as follows:
Sec. 54.209. LIMITATION ON USE OF EMINENT DOMAIN. A
district may not exercise the power of eminent domain outside the
district boundaries to acquire a site for:
(1) a water treatment plant, water storage facility,
wastewater treatment plant, or wastewater disposal facility;
(2) a park, swimming pool, or other recreational
facility except a trail; or
(3) a trail on real property designated as a homestead
as defined by Section 41.002, Property Code.
SECTION 2. Subchapter D, Chapter 65, Water Code, is amended
by adding Section 65.202 to read as follows:
Sec. 65.202. LIMITATION ON USE OF EMINENT DOMAIN. A
district may not exercise the power of eminent domain outside the
district boundaries to acquire:
(1) a site for a water treatment plant, water storage
facility, wastewater treatment plant, or wastewater disposal
plant;
(2) a site for a park, swimming pool, or other
recreational facility except a trail; or
(3) a site for a trail on real property designated as a
homestead as defined by Section 41.002, Property Code.
SECTION 3. Section 4.08, Chapter 1029, Acts of the 76th
Legislature, Regular Session, 1999, is amended by adding Subsection
(f) to read as follows:
(f) Section 54.209, Water Code, does not apply to the
district.
SECTION 4. The change in law made by this Act does not
affect an eminent domain action initiated before the effective date
of this Act. Such an action is governed by the law in effect when
the action was initiated, and the former law is continued in effect
for that purpose.
SECTION 5. 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 September 1, 2005.