80R1496 EJI-D

By: Corte H.B. No. 16

A BILL TO BE ENTITLED

AN ACT

relating to certain municipal development programs involving areas having characteristics of blight or a slum.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 373.006, Local Government Code, is amended to read as follows:

Sec. 373.006. REQUIRED PROCEDURES BEFORE ADOPTION OF COMMUNITY DEVELOPMENT PROGRAM. Before exercising powers under Section 373.005, the governing body of the municipality must:

(1) identify areas of the municipality in which predominantly low and moderate income persons reside, each unit of real property in the municipality that has the characteristics of blight [are blighted] or a slum, and each [areas or that are] federally assisted new community in the municipality [communities];

(2) establish community development program areas in which community development activities, building rehabilitation, or the acquisition of privately owned buildings or land is proposed;

(3) adopt, by resolution or ordinance, a plan under which citizens may publicly comment on the proposed community development program;

(4) conduct public hearings on the proposed program before the 15th day before the date of its final adoption by the governing body; and

(5) adopt the community development program by resolution or ordinance.

SECTION 2. Section 373.007, Local Government Code, is amended by adding Subsection (c) to read as follows:

(c) Notwithstanding any other law, a municipality may not exercise the right of eminent domain to acquire property for the purposes of this chapter unless the condition of the property is an immediate threat to public health and safety.

SECTION 3. Sections 374.003(3) and (19), Local Government Code, are amended to read as follows:

(3) "Blight" ["Blighted area"] means a condition of property [an area] that is not considered a characteristic of a slum [area], but that, because of deteriorating buildings, structures, or other improvements; defective or inadequate streets, street layout, or accessibility; unsanitary conditions; or other hazardous conditions, adversely affects the public health, safety, morals, or welfare of the municipality and its residents, substantially retards the provision of a sound and healthful housing environment, or results in an economic or social liability to the municipality. The term includes property in an area certified as a disaster area as provided by Section 374.903.

(19) "Slum [area]" means an area within a municipality that is detrimental to the public health, safety, morals, and welfare of the municipality because of [the area]:

(A) [has] a predominance of buildings or other improvements that are dilapidated, deteriorated, or obsolete due to age or other reasons;

(B) [is prone to] high population densities and overcrowding due to inadequate provision for open space;

(C) [is composed of] open land that, because of its location within municipal limits, is necessary for sound community growth through replatting, planning, and development for predominantly residential uses; or

(D) [has] conditions that exist due to any of the causes enumerated in Paragraphs (A)-(C) or any combination of those causes that:

(i) endanger life or property by fire or other causes; or

(ii) are conducive to:

(a) the ill health of the residents;

(b) disease transmission;

(c) abnormally high rates of infant mortality;

(d) abnormally high rates of juvenile delinquency and crime; or

(e) disorderly development because of inadequate or improper platting for adequate residential development of lots, streets, and public utilities.

SECTION 4. Section 374.011, Local Government Code, is amended by adding Subsection (d) to read as follows:

(d) The governing body of the municipality must determine that each unit of real property included in a resolution under Subsection (a) has the characteristics of blight or a slum.

SECTION 5. Section 374.012(c), Local Government Code, is amended to read as follows:

(c) The resolution ordering the election and the notice of the election must contain:

(1) a complete legal description of each unit of property [the area] included in the proposed project;

(2) a statement of the nature of the proposed project; [and]

(3) a statement of the total amount of local funds to be spent on the proposed project; and

(4) a statement that each unit of property has the characteristics of blight or a slum.

SECTION 6. Subchapter B, Chapter 374, Local Government Code, is amended by adding Section 374.018 to read as follows:

Sec. 374.018. LIMITATION ON RIGHT OF EMINENT DOMAIN. Notwithstanding any other law, a municipality may not exercise the right of eminent domain to acquire property for the purposes of this chapter unless the condition of the property is an immediate threat to public health and safety.

SECTION 7. The change in law made by this Act applies only to the taking of property for which a condemnation petition is filed on or after the effective date of this Act. The taking of property for which a condemnation petition is filed before the effective date of this Act is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.

SECTION 8. 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, 2007.