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By: Callegari, et al. (Senate Sponsor - Estes) |
H.B. No. 389 |
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(In the Senate - Received from the House March 28, 2007; |
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April 3, 2007, read first time and referred to Committee on State |
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Affairs; May 11, 2007, reported favorably by the following vote: |
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Yeas 9, Nays 0; May 11, 2007, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the eminent domain authority of Texas Woman's |
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University. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.45, Education Code, is amended to |
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read as follows: |
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Sec. 107.45. EMINENT DOMAIN;[:] RESTRICTION. (a) The |
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board of regents has the power of eminent domain to acquire for the |
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use of the university in the manner prescribed by Chapter 21, |
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Property Code, any real property that may be necessary and proper |
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for carrying out its purposes. |
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(b) The taking of real property by the board under this |
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section is declared to be for the use of this state. The board is |
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not required to deposit a bond or the amount equal to the award of |
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damages by the commissioners as provided by Section 21.021, |
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Property Code. |
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(c) The board may not use the power of eminent domain to |
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acquire real property [land] that is dedicated to a public use by |
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another governmental entity. |
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SECTION 2. Chapter 127, Acts of the 48th Legislature, |
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Regular Session, 1943 (Article 3264d, Vernon's Texas Civil |
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Statutes), is repealed. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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* * * * * |