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By: Duncan |
S.J.R. No. 42 |
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(In the Senate - Filed March 13, 2009; March 31, 2009, read |
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first time and referred to Committee on State Affairs; May 7, 2009, |
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reported adversely, with favorable Committee Substitute by the |
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following vote: Yeas 9, Nays 0; May 7, 2009, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.J.R. No. 42 |
By: Duncan |
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SENATE JOINT RESOLUTION
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proposing a constitutional amendment to prohibit the taking of |
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property for certain purposes. |
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BE IT ENACTED 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 |
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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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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" does not include the |
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taking of property by the state or a political subdivision of the |
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state for transfer to a private entity for the primary purpose of |
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economic development or enhancement of tax revenues. |
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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 November 3, 2009. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to prohibit the taking |
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of property for certain purposes." |
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