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A BILL TO BE ENTITLED
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AN ACT
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relating to the proceedings to exercise the power of eminent domain |
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over certain real property owned by certain conservation and |
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reclamation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Section 36.1055 to read as follows: |
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Sec. 36.1055. GOVERNMENTAL IMMUNITY WAIVED FOR CERTAIN REAL |
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PROPERTY OUTSIDE OF DISTRICT. (a) Governmental immunity of a |
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district is waived with respect to a proceeding to exercise the |
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power of eminent domain over real property owned by the district |
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outside the boundaries of the district. |
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(b) This section prevails over a special law governing a |
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district or any other statute. |
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SECTION 2. Subchapter H, Chapter 49, Water Code, is amended |
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by adding Section 49.2225 to read as follows: |
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Sec. 49.2225. GOVERNMENTAL IMMUNITY WAIVED FOR CERTAIN REAL |
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PROPERTY OUTSIDE OF DISTRICT. (a) Governmental immunity of a |
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district is waived with respect to a proceeding to exercise the |
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power of eminent domain over real property owned by the district |
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outside the boundaries of the district. |
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(b) Notwithstanding Section 49.002, this section prevails |
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over a special law governing a district or any other statute. |
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SECTION 3. This Act takes effect September 1, 2023. |