By:  Gattis (Senate Sponsor - Ogden)                              H.B. No. 1208
	(In the Senate - Received from the House May 5, 2005; 
May 8, 2005, read first time and referred to Committee on Natural 
Resources; May 20, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 7, Nays 0; 
May 20, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 1208                                   By:  Estes


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:
		(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;
		(3)  a site for a trail on real property designated as a 
homestead as defined by Section 41.002, Property Code; or
		(4)  an exclusive easement through a county regional 
park.           
	SECTION 2.  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 3.  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 4.  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.



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