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A BILL TO BE ENTITLED
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AN ACT
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relating to the exercise of the power of eminent domain by certain |
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local governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.155(a), Education Code, is amended to |
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read as follows: |
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(a) An independent school district may, by the exercise of |
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the right of eminent domain, acquire the fee simple title to real |
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property [for the purpose of securing sites] on which to construct |
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school buildings or for any other public use [purpose] necessary |
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for the district. |
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SECTION 2. Section 251.001(a), Local Government Code, is |
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amended to read as follows: |
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(a) When the governing body of a municipality considers it |
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necessary, the municipality may exercise the right of eminent |
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domain for a public use [purpose] to acquire public or private |
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property, whether located inside or outside the municipality, for |
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any of the following uses [purposes]: |
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(1) the providing, enlarging, or improving of a |
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municipally owned city hall; police station; jail or other law |
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enforcement detention facility; fire station; library; school or |
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other educational facility; academy; auditorium; hospital; |
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sanatorium; market house; slaughterhouse; warehouse; elevator; |
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railroad terminal; airport; ferry; ferry landing; pier; wharf; |
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dock or other shipping facility; loading or unloading facility; |
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alley, street, or other roadway; park, playground, or other |
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recreational facility; square; water works system, including |
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reservoirs, other water supply sources, watersheds, and water |
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storage, drainage, treatment, distribution, transmission, and |
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emptying facilities; sewage system including sewage collection, |
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drainage, treatment, disposal, and emptying facilities; electric |
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or gas power system; cemetery; and crematory; |
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(2) the determining of riparian rights relative to the |
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municipal water works; |
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(3) the straightening or improving of the channel of |
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any stream, branch, or drain; |
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(4) the straightening, widening, or extending of any |
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alley, street, or other roadway; and |
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(5) [for] any other municipal public use [purpose] the |
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governing body considers advisable. |
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SECTION 3. Section 261.001(a), Local Government Code, is |
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amended to read as follows: |
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(a) A county may exercise the right of eminent domain to |
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condemn and acquire land, an easement in land, or a right-of-way if |
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the acquisition is necessary for the construction of a jail, |
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courthouse, hospital, or library, or for another public use |
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[purpose] authorized by law. |
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SECTION 4. Section 263.201(c), Local Government Code, is |
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amended to read as follows: |
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(c) The declaration of taking must contain: |
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(1) a declaration that the land or interest in land |
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described in the original petition is taken for a public use |
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[purpose] and for ultimate conveyance to the United States; |
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(2) a description of the land sufficient for the |
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identification of the land; |
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(3) a statement of the estate or interest in the land |
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being taken; |
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(4) a statement of the public use to be made of the |
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land; |
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(5) a plan showing the land being taken; and |
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(6) a statement of the amount of damages awarded by the |
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special commissioners, or by the jury on appeal, for the taking of |
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the land. |
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SECTION 5. Section 273.002, Local Government Code, is |
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amended to read as follows: |
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Sec. 273.002. CONDEMNATION. Condemnation of property under |
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this chapter shall be in accordance with state law relating to |
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eminent domain, which may be Chapter 21, Property Code, or any other |
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state law governing and relating to the condemnation of land for |
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public use [purposes] by a municipality. |
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SECTION 6. The changes in law made by Section 11.155, |
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Education Code, and Sections 251.001, 261.001, 263.201, and |
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273.002, Local Government Code, as amended by this Act, apply only |
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to a condemnation proceeding in which the petition is filed on or |
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after the effective date of this Act and to any property condemned |
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through the proceeding. A condemnation proceeding in which the |
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petition is filed before the effective date of this Act and any |
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property condemned through the proceeding are governed by the law |
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in effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 7. 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. |