81R20166 PMO-D

By: Corte, Hilderbran, et al. H.J.R. No. 14

Substitute the following for H.J.R. No. 14:

By: Homer C.S.H.J.R. No. 14

A JOINT RESOLUTION

proposing a constitutional amendment to limit the public taking of private property.

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

SECTION 1. Section 17, Article I, Texas Constitution, is amended to read as follows:

Sec. 17. No person's property shall be taken, damaged, or destroyed for or applied to public use without adequate and just compensation being made, unless by the consent of such person, and only if the taking, damage, or destruction is necessary for the possession, occupation, and enjoyment of the property by a common carrier, by an entity providing utility service, by the public at large, by the State, or by a political subdivision of the State; and, when taken, except for the use of the State, such compensation shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities[,] shall be made; but all privileges and franchises granted by the Legislature, or created under its authority, shall be subject to the control thereof.

SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 3, 2009. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment to prohibit the taking, damaging, or destroying of private property for public use unless the action is necessary for the possession, occupation, and enjoyment of the property by a common carrier, an entity providing utility service, the public, the state, or a political subdivision."