Bill Text: TX HB365 | 2011-2012 | 82nd Legislature | Engrossed


Bill Title: Relating to the use of eminent domain authority by certain municipalities to take abandoned multi-family rental buildings.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2011-05-19 - Not again placed on intent calendar [HB365 Detail]

Download: Texas-2011-HB365-Engrossed.html
 
 
  By: Turner, Bohac H.B. No. 365
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of eminent domain authority by certain
  municipalities to take abandoned multi-family rental buildings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2206.001, Government Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  Subsection (b)(3) does not prohibit the taking of
  private property through the use of eminent domain for economic
  development purposes if the economic development is a secondary
  purpose resulting from the elimination of urban blight under
  Subchapter J, Chapter 214, Local Government Code.  This subsection
  expires December 31, 2016.
         SECTION 2.  Chapter 214, Local Government Code, is amended
  by adding Subchapter J to read as follows:
  SUBCHAPTER J. EMINENT DOMAIN AUTHORITY OF CERTAIN MUNICIPALITIES TO
  TAKE ABANDONED MULTI-FAMILY RENTAL BUILDINGS
         Sec. 214.401.  APPLICABILITY OF SUBCHAPTER. This subchapter
  applies only to a municipality with a population of more than 1.9
  million.
         Sec. 214.402.  DEFINITION. In this subchapter,
  "multi-family rental building" has the meaning assigned by Section
  214.219.
         Sec. 214.403.  EMINENT DOMAIN AUTHORITY. A municipality may
  take a multi-family rental building through the use of eminent
  domain for the purpose of the elimination of urban blight if a tract
  or unit of real property on which the multi-family rental building
  sits presents the following conditions for at least one year after
  the date on which notice of the conditions is reasonably attempted
  to be provided to the property owner:
               (1)  all lawful occupation of or construction activity
  for the building has ceased;
               (2)  the property contains uninhabitable, unsafe, and
  unsanitary units that are not fit for their intended use because the
  utilities, sewerage, plumbing, or heating or a similar service or
  facility of the units has been destroyed, removed, or rendered
  ineffective; and
               (3)  the property has been the location of
  substantiated and repeated illegal activity of which the property
  owner knew or should have known.
         Sec. 214.404.  EXPIRATION OF SUBCHAPTER.  This subchapter
  expires December 31, 2016.
         SECTION 3.  The change in law made by this Act applies only
  to a condemnation proceeding in which the condemnation petition is
  filed on or after the effective date of this Act and to any property
  condemned through the proceeding. A condemnation proceeding in
  which the condemnation petition is filed before the effective date
  of this Act and any property condemned through the proceeding are
  governed by the law in effect immediately before the effective date
  of this Act, and that law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2011.
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