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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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82R977 NC-F
By: Turner 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(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; or
(3) is for economic development purposes, unless the
economic development is a secondary purpose resulting from:
(A) municipal community development or municipal
urban renewal activities to eliminate an existing affirmative harm
on society from slum or blighted areas under:
(i) [(A)] Chapter 373 or 374, Local
Government Code, other than an activity described by Section
373.002(b)(5), Local Government Code; or
(ii) [(B)] Section 311.005(a)(1)(I), Tax
Code; or
(B) the elimination of urban blight under
Subchapter J, Chapter 214, Local Government Code.
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 if:
(1) all lawful occupation of or construction activity
for the building has ceased, or reasonably appears to have ceased,
for more than 365 consecutive days; and
(2) the taking is for the elimination of urban blight
on the particular parcel of property on which the building is
located.
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.