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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 certain school |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.155, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) An independent school district may, by the exercise of |
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the right of eminent domain, acquire the fee simple title to real |
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property for: |
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(1) the purpose of securing sites on which to |
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construct school buildings; or |
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(2) except as provided by Subsection (a-1), [for] any |
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other purpose necessary for the district. |
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(a-1) An independent school district may not, by the |
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exercise of the right of eminent domain, acquire the fee simple |
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title to real property on which to construct a major arterial street |
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to provide access to a campus or proposed campus if the district is |
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located wholly or partly in a county that: |
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(1) has a population of 175,000 or more; |
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(2) is within 50 miles of an international border; and |
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(3) contains the territory of not more than five |
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independent school districts. |
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SECTION 2. The change in law made by Section 11.155(a-1), |
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Education Code, as added by this Act, applies to a cause of action |
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pending on the effective date of this Act, regardless of the date |
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the action was filed, and to a cause of action filed on or after the |
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effective date of this Act. |
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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. |