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A JOINT RESOLUTION
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proposing a constitutional amendment to define a public use for |
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which property may be taken, damaged, or destroyed. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 17, Article I, Texas Constitution, is |
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amended to read as follows: |
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Sec. 17. (a) No person's property shall be taken, damaged or |
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destroyed for or applied to public use without adequate |
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compensation being made, unless by the consent of such person; and, |
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when taken, except for the use of the State, such compensation shall |
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be first made, or secured by a deposit of money; and no irrevocable |
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or uncontrollable grant of special privileges or immunities, shall |
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be made; but all privileges and franchises granted by the |
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Legislature, or created under its authority shall be subject to the |
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control thereof. |
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(b) In this section, "public use" means a use of property |
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that allows the state, a political subdivision of the state, or the |
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general public of the state to possess, occupy, and enjoy the |
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property, including the use of property for: |
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(1) transportation projects, including, but not |
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limited to, railroads, airports, or public roads or highways; |
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(2) entities authorized under Section 59, Article XVI, |
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of this constitution, including port authorities, navigation |
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districts, and any other conservation or reclamation districts that |
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act as ports; |
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(3) water supply, wastewater, flood control, and |
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drainage projects; |
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(4) public buildings, hospitals, and parks; |
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(5) the provision of utility services; |
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(6) a sports and community venue project approved by |
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voters at an election held on or before December 1, 2005, under |
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Chapter 334 or 335, Local Government Code, as those chapters |
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existed on or before December 1, 2005; |
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(7) the operations of: |
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(A) a common carrier pipeline; or |
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(B) an energy transporter, as that term is |
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defined by Section 186.051, Utilities Code, as that section existed |
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on January 1, 2009; |
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(8) a purpose authorized by Chapter 181, Utilities |
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Code, as that chapter existed on January 1, 2009; |
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(9) underground storage operations subject to Chapter |
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91, Natural Resources Code, as that chapter existed on January 1, |
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2009; |
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(10) a waste disposal project; or |
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(11) a library, museum, or related facility and any |
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infrastructure related to the facility. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held on November 3, |
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2009. The ballot shall be printed to permit voting for or against |
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the proposition: "The constitutional amendment to define a public |
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use for which property may be taken, damaged, or destroyed." |