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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 81st |
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Legislature, Regular Session, 2009, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Joint Resolution No. 14 (constitutional amendments |
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limiting the public taking of private property, establishing the |
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national research university fund to fund emerging research |
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universities, and eliminating the higher education fund) to |
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consider and take action on the following matter: |
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Senate Rules 12.03(1) and (4) are suspended to allow the |
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conference committee to change and add text on a matter that is |
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not in disagreement in proposed amendments to Section 17, Article |
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I, Texas Constitution, so that the proposed Section 17 reads as |
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follows: |
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SECTION 1.01. Section 17, Article I, Texas Constitution, |
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is amended to read as follows: |
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Sec. 17. (a) No person's property shall be taken, |
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damaged, or destroyed for or applied to public use without |
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adequate compensation being made, unless by the consent of such |
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person, and only if the taking, damage, or destruction is for: |
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(1) the ownership, use, and enjoyment of the |
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property, 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 |
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domain 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 |
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enact a general, local, or special law granting the power of |
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eminent domain to an entity only on a two-thirds vote of all the |
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members elected to each house. |
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(d) When a person's property is taken under Subsection |
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(a) 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 |
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be first made, or secured by a deposit of money; and no |
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irrevocable or uncontrollable grant of special privileges or |
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immunities[,] shall be made; but all privileges and franchises |
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granted by the Legislature, or created under its authority, shall |
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be subject to 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 |
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enact a law granting the power of eminent domain to an entity only |
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on a two-thirds vote of all the members elected to each house. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 31, 2009. |
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_______________________________ |
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Secretary of the Senate |