| |
| |
|
|
R E S O L U T I O N
|
|
|
BE IT RESOLVED by the House of Representatives of the State of |
|
|
Texas, 81st Legislature, Regular Session, 2009, That House Rule 13, |
|
|
Section 9(a), be suspended in part as provided by House Rule 13, |
|
|
Section 9(f), to enable the conference committee appointed to |
|
|
resolve the differences on House Joint Resolution 14 |
|
|
(constitutional amendments limiting the public taking of private |
|
|
property, establishing the national research university fund to |
|
|
fund emerging research universities, and eliminating the higher |
|
|
education fund) to consider and take action on the following |
|
|
matter: |
|
|
House Rule 13, Sections 9(a)(1) and (4), are suspended to |
|
|
allow the conference committee to change and add text on a matter |
|
|
that is not in disagreement in proposed amendments to Section 17, |
|
|
Article I, Texas Constitution, so that the proposed Section 17 |
|
|
reads as follows: |
|
|
SECTION 1.01. 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 |
|
|
only if the taking, damage, or destruction is for: |
|
|
(1) the ownership, use, and enjoyment of the property, |
|
|
notwithstanding an incidental use, by: |
|
|
(A) the State, a political subdivision of the |
|
|
State, or the public at large; or |
|
|
(B) an entity granted the power of eminent domain |
|
|
under law; or |
|
|
(2) the elimination of urban blight on a particular |
|
|
parcel of property. |
|
|
(b) In this section, "public use" does not include the |
|
|
taking of property under Subsection (a) of this section for |
|
|
transfer to a private entity for the primary purpose of economic |
|
|
development or enhancement of tax revenues. |
|
|
(c) On or after January 1, 2010, the legislature may enact a |
|
|
general, local, or special law granting the power of eminent domain |
|
|
to an entity only on a two-thirds vote of all the members elected to |
|
|
each house. |
|
|
(d) When a person's property is taken under Subsection (a) |
|
|
of this section [; and, when taken], except for the use of the |
|
|
State, [such] compensation as described by Subsection (a) 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. |
|
|
Explanation: The changes and additions are necessary to |
|
|
provide that on and after January 1, 2010, the legislature may enact |
|
|
a law granting the power of eminent domain to an entity only on a |
|
|
two-thirds vote of all the members elected to each house. |
| |
|
|
Corte |
|
|
|
|
|
______________________________ |
|
|
Speaker of the House |
| |
|
|
I certify that H.R. No. 3061 was adopted by the House on May |
|
|
31, 2009, by the following vote: Yeas 143, Nays 1, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |