Bill Text: TX HB188 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to limitations on the use of eminent domain authority.
Sponsorship: Partisan Bill (Republican 27-1)
Status: (Introduced - Dead) 2011-03-07 - Left pending in committee [HB188 Detail]
Download: Texas-2011-HB188-Introduced.html
| 82R884 TJS-F | ||
| By: Sheffield | H.B. No. 188 | |
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| 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; [ |
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| (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. | ||
