Amend HB 3057 (Senate committee printing) as follows:
(1) In SECTION 5 of the bill, in amended Subdivision (3),
Section 374.003, Local Government Code (page 2, line 48), strike
"four" and substitute "three".
(2) In SECTION 5 of the bill, in amended Subdivision (3),
Section 374.003, Local Government Code (page 2, line 49), strike
"one year" and substitute "six months".
(3) In SECTION 5 of the bill, in amended Subdivision (3),
Section 374.003, Local Government Code (page 3, lines 2-3), strike
Paragraph (F) and reletter subsequent paragraphs accordingly.
(4) In SECTION 5 of the bill, in amended Subdivision (3)(H),
Section 374.003, Local Government Code (page 3, line 10), strike
"deteriorating structures or".
(5) Strike SECTIONS 15 through 17 of the bill (page 7, lines
21 through 62) and renumber subsequent SECTIONS accordingly.
(6) Add the following appropriately numbered SECTIONS to
the bill and renumber subsequent SECTIONS accordingly:
SECTION __. Section 311.002, Tax Code, is amended by adding
Subdivision (5) to read as follows:
(5) "Blighted area" has the meaning assigned by
Section 374.003(3), Local Government Code.
SECTION __. Sections 311.008(b) and (e), Tax Code, are
amended to read as follows:
(b) A municipality or county may exercise any power
necessary and convenient to carry out this chapter, including the
power to:
(1) cause project plans to be prepared, approve and
implement the plans, and otherwise achieve the purposes of the
plan;
(2) acquire real property by purchase[, condemnation,
or other means] to implement project plans and sell that property on
the terms and conditions and in the manner it considers advisable;
(3) enter into agreements, including agreements with
bondholders, determined by the governing body of the municipality
or county to be necessary or convenient to implement project plans
and achieve their purposes, which agreements may include
conditions, restrictions, or covenants that run with the land or
that by other means regulate or restrict the use of land; and
(4) consistent with the project plan for the zone:
(A) acquire [blighted, deteriorated,
deteriorating, undeveloped, or inappropriately developed] real
property or other property in a blighted area, an undeveloped area,
or in a federally assisted new community in the zone for the
preservation or restoration of historic sites, beautification or
conservation, the provision of public works or public facilities,
or other public purposes;
(B) acquire, construct, reconstruct, or install
public works, facilities, or sites or other public improvements,
including utilities, streets, street lights, water and sewer
facilities, pedestrian malls and walkways, parks, flood and
drainage facilities, or parking facilities, but not including
educational facilities; [or]
(C) in a reinvestment zone created on or before
September 1, 1999, acquire, construct, or reconstruct educational
facilities in the municipality; or
(D) acquire by condemnation any interest,
including a fee simple interest, in real property that is a blighted
area and necessary for the reinvestment zone.
(e) A municipality or county may acquire by condemnation an
interest in real property only if the taking is in accordance with
Chapter 2206, Government Code [The implementation of a project plan
to alleviate a condition described by Section 311.005(a)(1), (2),
or (3) and to promote development or redevelopment of a
reinvestment zone in accordance with this chapter serves a public
purpose].
SECTION __. Section 311.008(c), Tax Code, is repealed.
SECTION __. The changes in law made by this Act apply only to
a condemnation proceeding in which the petition is filed on or after
the effective date of this Act and to any property condemned through
the proceeding. A condemnation proceeding in which the petition is
filed before the effective date of this Act and any property
condemned through the proceeding is governed by the law in effect
immediately before that date, and that law is continued in effect
for that purpose.