Texas 2009 - 81st Regular

Texas House Bill HR3061

Introduced
5/31/09  
Enrolled
6/4/09  

Caption

Suspending limitations on conference committee jurisdiction, H.J.R. No. 14.

Impact

Should HR3061 pass, its effects will resonate significantly across state regulations related to eminent domain. By requiring a two-thirds majority in both houses for any entity to be granted such powers, the bill aims to tighten the conditions and oversight surrounding the taking of private property. This could lead to a decrease in the number of eminent domain actions initiated by local governments or private entities, pushing them to provide stronger justifications for any future property acquisitions. Property owners would gain an added layer of security, knowing that their consent and fair compensation are prerequisites before any taking happens.

Summary

HR3061 proposes a series of amendments to Section 17 of Article I of the Texas Constitution, particularly focusing on the concept of eminent domain. The resolution seeks to explicitly define the conditions under which private property may be taken for public use, ensuring that adequate compensation is granted to property owners. The bill emphasizes that property can only be taken for purposes closely aligned with public use, such as urban renewal and avoiding urban blight, while excluding transfers to private entities primarily for economic development or tax revenue enhancements. This clear demarcation aims to protect property owners against unjust takings under the guise of public use.

Contention

The bill has sparked debate among various stakeholders. Proponents argue that the amendments provide necessary legal safeguards for property owners, preventing potential abuses of eminent domain, particularly in cases where property is acquired for private economic ventures. Critics, however, contend that such restrictive measures could hinder local governments' ability to execute essential public projects that may involve private property, ultimately impacting community development efforts. The discussions underscore a tension between protecting individual property rights and facilitating broader governmental actions aimed at improving public infrastructure and community spaces.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.