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A BILL TO BE ENTITLED
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AN ACT
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relating to a limitation on the use of the power of eminent domain |
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by certain water districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 51, Water Code, is amended |
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by adding Section 51.197 to read as follows: |
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Sec. 51.197. LIMITATION ON USE OF EMINENT DOMAIN. A |
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district may not exercise the power of eminent domain outside the |
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district boundaries. |
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SECTION 2. Subchapter D, Chapter 53, Water Code, is amended |
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by adding Section 53.109 to read as follows: |
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Sec. 53.109. LIMITATION ON USE OF EMINENT DOMAIN. A |
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district may not exercise the power of eminent domain outside the |
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district boundaries. |
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SECTION 3. Section 54.209, Water Code, is amended to read as |
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follows: |
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Sec. 54.209. LIMITATION ON USE OF EMINENT DOMAIN. A |
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district may not exercise the power of eminent domain outside the |
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district boundaries [to acquire:
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[(1)
a site for a water treatment plant, water storage
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facility, wastewater treatment plant, or wastewater disposal
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plant;
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[(2)
a site for a park, swimming pool, or other
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recreational facility except a trail;
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[(3)
a site for a trail on real property designated as
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a homestead as defined by Section 41.002, Property Code; or
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[(4)
an exclusive easement through a county regional
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park]. |
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SECTION 4. The changes in law made by this Act apply only to |
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a condemnation proceeding in which the petition is filed on or after |
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the effective date of this Act. A condemnation proceeding in which |
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the petition is filed before the effective date of this Act is |
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governed by the law in effect on the date the petition was filed, |
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and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |