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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the use of eminent domain to take private |
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property for recreational purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2206.001(c), Government Code, is amended |
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to read as follows: |
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(c) This section does not affect the authority of an entity |
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authorized by law to take private property through the use of |
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eminent domain for: |
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(1) transportation projects, including, but not |
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limited to, railroads, airports, or public roads or highways; |
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(2) entities authorized under Section 59, Article XVI, |
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Texas Constitution, including: |
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(A) port authorities; |
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(B) navigation districts; and |
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(C) any other conservation or reclamation |
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districts that act as ports; |
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(3) water supply, wastewater, flood control, and |
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drainage projects; |
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(4) public buildings and [,] hospitals[, and parks]; |
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(5) the provision of utility services; |
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(6) a sports and community venue project approved by |
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voters at an election held on or before December 1, 2005, under |
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Chapter 334 or 335, Local Government Code; |
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(7) the operations of: |
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(A) a common carrier pipeline; or |
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(B) an energy transporter, as that term is |
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defined by Section 186.051, Utilities Code; |
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(8) a purpose authorized by Chapter 181, Utilities |
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Code; |
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(9) underground storage operations subject to Chapter |
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91, Natural Resources Code; |
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(10) a waste disposal project; or |
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(11) a library, museum, or related facility and any |
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infrastructure related to the facility. |
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SECTION 2. Subchapter A, Chapter 2206, Government Code, is |
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amended by adding Section 2206.003 to read as follows: |
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Sec. 2206.003. PROHIBITION OF USE OF EMINENT DOMAIN FOR |
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RECREATIONAL PURPOSES. (a) This section applies to the use of |
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eminent domain under the laws of this state, including a local or |
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special law, by any governmental or private entity, including: |
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(1) a state agency, including an institution of higher |
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education as defined by Section 61.003, Education Code; |
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(2) a political subdivision of this state; or |
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(3) a corporation created by a governmental entity to |
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act on behalf of the entity. |
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(b) Notwithstanding any other law and except as provided by |
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Subsection (e), a governmental or private entity may not take |
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private property through the use of eminent domain if the taking is |
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for a recreational purpose. |
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(c) This section does not affect the authority of an entity |
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authorized by law to take private property through the use of |
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eminent domain for a purpose listed in Section 2206.001(c) unless |
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the purpose is considered a recreational purpose under Subsection |
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(d). |
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(d) For the purposes of this section, "recreational |
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purpose" includes: |
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(1) a parks and recreation system, or improvements or |
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additions to a parks and recreation system, including sidewalks, or |
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an area or facility that is part of a parks and recreation system; |
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and |
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(2) a park, greenbelt, or trail. |
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(e) This section does not affect the authority of a |
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governmental entity to condemn: |
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(1) a leasehold estate on property owned by the |
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governmental entity; or |
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(2) property to provide adequate public recreational |
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access to suitable recreational resources as described by Section |
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16.1351, Water Code. |
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(f) The determination by the governmental or private entity |
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proposing to take the property that the taking does not involve an |
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act or circumstance prohibited by Subsection (b) does not create a |
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presumption with respect to whether the taking involves that act or |
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circumstance. |
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SECTION 3. Section 21.103(a), Parks and Wildlife Code, is |
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amended to read as follows: |
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(a) Except as provided in Subsection (b) of this section, |
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the department may acquire park sites, including property already |
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devoted to public use, by purchase [, condemnation,] or any other |
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manner permitted by law. |
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SECTION 4. Sections 13.305 and 21.103(c), Parks and |
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Wildlife Code, are repealed. |
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SECTION 5. The change in law made by this Act applies only |
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to the taking of private property by eminent domain for which a |
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condemnation petition is filed on or after the effective date of |
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this Act. A taking for which a condemnation petition is filed |
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before the effective date of this Act is governed by the law in |
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effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2017. |