| |
| |
|
|
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, 2009. |