79R5368 QS-D
By: Gattis 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) In
this section, "facility" means a building or structure of any kind,
including an underground facility. The term does not include a
pipe.
(b) A district may not exercise the power of eminent domain
outside the district boundaries to:
(1) construct or maintain a district facility; or
(2) acquire a recreational easement.
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.