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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of eminent domain authority by certain |
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municipalities to take abandoned multi-family rental buildings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2206.001, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) Subsection (b)(3) does not prohibit the taking of |
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private property through the use of eminent domain for economic |
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development purposes if the economic development is a secondary |
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purpose resulting from the elimination of urban blight under |
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Subchapter J, Chapter 214, Local Government Code. This subsection |
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expires December 31, 2016. |
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SECTION 2. Chapter 214, Local Government Code, is amended |
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by adding Subchapter J to read as follows: |
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SUBCHAPTER J. EMINENT DOMAIN AUTHORITY OF CERTAIN MUNICIPALITIES TO |
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TAKE ABANDONED MULTI-FAMILY RENTAL BUILDINGS |
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Sec. 214.401. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a municipality with a population of more than 1.9 |
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million. |
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Sec. 214.402. DEFINITION. In this subchapter, |
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"multi-family rental building" has the meaning assigned by Section |
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214.219. |
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Sec. 214.403. EMINENT DOMAIN AUTHORITY. A municipality may |
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take a multi-family rental building through the use of eminent |
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domain for the purpose of the elimination of urban blight if a tract |
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or unit of real property on which the multi-family rental building |
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sits presents the following conditions for at least one year after |
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the date on which notice of the conditions is reasonably attempted |
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to be provided to the property owner: |
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(1) all lawful occupation of or construction activity |
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for the building has ceased; |
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(2) the property contains uninhabitable, unsafe, and |
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unsanitary units that are not fit for their intended use because the |
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utilities, sewerage, plumbing, or heating or a similar service or |
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facility of the units has been destroyed, removed, or rendered |
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ineffective; and |
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(3) the property has been the location of |
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substantiated and repeated illegal activity of which the property |
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owner knew or should have known. |
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Sec. 214.404. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires December 31, 2016. |
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SECTION 3. The change in law made by this Act applies only |
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to a condemnation proceeding in which the condemnation petition is |
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filed on or after the effective date of this Act and to any property |
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condemned through the proceeding. A condemnation proceeding in |
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which the condemnation petition is filed before the effective date |
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of this Act and any property condemned through the proceeding are |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |