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