By: Corte, et al. (Senate Sponsor - Duncan) H.J.R. No. 14

(In the Senate - Received from the House May 12, 2009; May 13, 2009, read first time and referred to Committee on State Affairs; May 23, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; May 23, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.J.R. No. 14 By: Duncan

HOUSE JOINT RESOLUTION

proposing a constitutional amendment to prohibit the taking of property for transfer to a private entity for certain purposes.

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. (a) No person's property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person; 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.

(b) In this section, "public use" does not include the taking of property by the State or a political subdivision of the State for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues.

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 of property for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues."

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