79R12181 QS-F


By:  Gattis                                                       H.B. No. 1208

Substitute the following for H.B. No. 1208:                                   

By:  Puente                                                   C.S.H.B. No. 1208



A BILL TO BE ENTITLED

AN ACT

relating to a limitation on the use of eminent domain by municipal 
utility 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.  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 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 September 1, 2005.