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A BILL TO BE ENTITLED
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AN ACT
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relating to a review by the sunset commission of the eminent domain |
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authority of special districts and the abolition of that authority |
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unless continued by the legislature. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 325, Government Code, is amended by |
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adding Section 325.023 to read as follows: |
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Sec. 325.023. REVIEW OF EMINENT DOMAIN AUTHORITY OF SPECIAL |
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DISTRICTS. (a) In this section, "special district" means a |
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political subdivision of this state with a limited geographic area |
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created by local law or under general law for a special purpose. |
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The term does not include a school district. |
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(b) Unless expressly continued by law, the powers of eminent |
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domain of all special districts are abolished and may not be |
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exercised by any special district after September 1, 2009. |
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(c) The commission shall review the eminent domain |
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authority of special districts and report its findings to the 81st |
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Legislature. The report must include: |
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(1) an assessment of the purposes for which special |
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districts use the power of eminent domain and of whether those |
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purposes and the manner in which special districts use the power |
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promote the public interest; |
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(2) an assessment of the extent to which the power of |
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eminent domain is necessary to further the purposes of special |
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districts; and |
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(3) recommendations on the abolition, continuation, |
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or modification of the power of eminent domain of special |
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districts. |
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(d) In conducting the review, the commission shall: |
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(1) review the use of the power of eminent domain by |
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all special districts or, if that review is not feasible, by as many |
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special districts as necessary to allow the commission to provide |
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accurate assessments and recommendations under Subsection (c); and |
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(2) provide through public hearings an opportunity for |
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the public to comment on the use of the power of eminent domain by |
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special districts. |
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(e) A special district shall cooperate with the review |
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conducted by the commission under this section. A special district |
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shall give to the commission any information the commission |
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requests. |
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(f) The commission may adopt rules and procedures necessary |
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to implement this section. |
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(g) This subsection and Subsections (c), (d), and (e) expire |
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on September 1, 2009. |
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SECTION 2. This Act takes effect September 1, 2007. |