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A BILL TO BE ENTITLED
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AN ACT
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relating to limitations on the use of eminent domain authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2206.001(b), Government Code, is amended |
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to read as follows: |
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(b) A governmental or private entity may not take private |
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property through the use of eminent domain if the taking: |
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(1) confers a private benefit on a particular private |
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party through the use of the property; |
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(2) is for a public use that is merely a pretext to |
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confer a private benefit on a particular private party; [or] |
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(3) is for economic development purposes, unless the |
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economic development is a secondary purpose resulting from |
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municipal community development or municipal urban renewal |
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activities to eliminate an existing affirmative harm on society |
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from slum or blighted areas under: |
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(A) Chapter 373 or 374, Local Government Code, |
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other than an activity described by Section 373.002(b)(5), Local |
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Government Code; or |
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(B) Section 311.005(a)(1)(I), Tax Code; or |
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(4) is not necessary for a public use. |
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SECTION 2. 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, 2011. |