|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to limitations on the use of eminent domain authority. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 2206.001(b), Government Code, is amended |
|
to read as follows: |
|
(b) A governmental or private entity may not take private |
|
property through the use of eminent domain if the taking: |
|
(1) confers a private benefit on a particular private |
|
party through the use of the property; |
|
(2) is for a public use that is merely a pretext to |
|
confer a private benefit on a particular private party; [or] |
|
(3) is for economic development purposes, unless the |
|
economic development is a secondary purpose resulting from |
|
municipal community development or municipal urban renewal |
|
activities to eliminate an existing affirmative harm on society |
|
from slum or blighted areas under: |
|
(A) Chapter 373 or 374, Local Government Code, |
|
other than an activity described by Section 373.002(b)(5), Local |
|
Government Code; or |
|
(B) Section 311.005(a)(1)(I), Tax Code; or |
|
(4) is not necessary for a public use. |
|
SECTION 2. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2011. |