By: Duncan, Nichols S.J.R. No. 42
 
 
  SENATE JOINT RESOLUTION
 
 
 
SENATE JOINT RESOLUTION
  proposing a constitutional amendment to prohibit the taking of
  property for transfer to a private entity for certain purposes.
         BE IT ENACTED 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."