Texas 2009 - 81st Regular

Texas House Bill HJR14

Filed
11/10/08  
Out of House Committee
5/5/09  
Voted on by House
5/12/09  
Out of Senate Committee
5/23/09  
Voted on by Senate
5/26/09  

Caption

Proposing constitutional amendments limiting the public taking of private property, establishing the national research university fund to fund emerging research universities, and eliminating the higher education fund.

Impact

The impact of HJR14 on state law would be significant as it strengthens property rights and establishes stricter conditions for government takings. Landowners would have greater recourse against state actions, particularly in instances where their property is taken for perceived public benefits. This amendment would potentially result in a more cautious approach by state and local governments in their dealings with private property, ensuring that property owners are justly compensated and can challenge takings in court if necessary.

Summary

HJR14 proposes a constitutional amendment in Texas aimed at limiting the ability of the government to take private property under the concept of public use. The proposed changes amend Section 17 of Article I of the Texas Constitution, which outlines the conditions under which private property can be confiscated by the state. Under the proposed amendment, the state or political subdivisions would be required to provide adequate compensation for any property taken and prove, with clear and convincing evidence, that the intended use of the property is both public and necessary at the time of taking.

Contention

There are notable points of contention surrounding HJR14, particularly regarding the balance between public good and private property rights. Proponents of the amendment argue that it enhances protections for property owners and ensures that government entities cannot overreach in their takings. Conversely, opponents may express concerns that imposing stricter limitations on government takings could hinder public projects deemed necessary, such as infrastructure development, through increased litigation and challenges regarding what constitutes 'public necessity.' The bill's implementation might lead to debates on specific cases where government actions could be perceived as unjustified or overly restrictive.

Companion Bills

TX SJR42

Similar Proposing a constitutional amendment to prohibit the taking of property for transfer to a private entity for certain purposes.

TX HB51

Enabled by Relating to measures to enhance and maintain the quality of state universities, including funding and incentives to support emerging public research universities, to the abolition of the higher education fund, to the institutional groupings under the Texas Higher Education Coordinating Board's accountability system, to the independent status of Lamar Institute of Technology, to research conducted by public universities and other state entities, and to the authorization of revenue bonds for certain institutions of higher education.

Previously Filed As

TX HJR3

Proposing a constitutional amendment relating to the Texas University Fund, which provides funding to certain institutions of higher education to achieve national prominence as major research universities and drive the state economy.

TX SJR5

Proposing a constitutional amendment relating to the Texas University Fund, which provides funding to certain institutions of higher education to achieve national prominence as major research universities and drive the state economy.

TX SJR49

Proposing a constitutional amendment creating a university research fund to support emerging research universities in The University of Texas System or The Texas A&M University System and disqualifying all component institutions of those university systems from receiving money from the national research university fund.

TX SB19

Relating to the administration and investment of, and distribution and use of money from, certain constitutional and statutory funds to support general academic teaching institutions in achieving national prominence as major research universities and driving the state economy; redesignating the national research university fund as the Texas University Fund.

TX HJR189

Proposing a constitutional amendment reducing The University of Texas System's share of the income and other benefits of the permanent university fund, transferring to the national research university fund and general revenue fund a portion of the annual distribution made from the permanent university fund to the available university fund, appropriating the portion transferred to the national research university fund, and dedicating the portion transferred to the general revenue fund to provide for the support and maintenance of public institutions of higher education.

TX SB1058

Relating to the university research fund and eligibility to receive money from the national research university fund.

TX HJR135

Proposing a constitutional amendment providing for the establishment of the Mental Health and Brain Research Institute of Texas and establishing the Mental Health and Brain Institute Research Fund for the purposes of scientific research of all forms of mental health and human brain disease and disorders.

TX HJR81

Proposing a constitutional amendment prohibiting the taking of property by eminent domain for the purpose of transferring the property to a private entity.

TX SJR69

Proposing a constitutional amendment dedicating to the national research university fund a portion of certain income from the lease for oil and gas exploration of land dedicated to the permanent university fund.

TX HB1595

Relating to the administration and investment of, and distribution and use of money from, certain constitutional and statutory funds to support general academic teaching institutions in achieving national prominence as major research universities and driving the state economy.

Similar Bills

CA SCA7

California Stem Cell Research and Cures Act: repeal.

TX HJR139

Proposing a constitutional amendment establishing the national research university fund to enable emerging research universities in this state to achieve national prominence as major research universities and transferring the balance of the higher education fund to the national research university fund.

TX SJR35

Proposing a constitutional amendment establishing the national research university fund to enable emerging research universities in this state to achieve national prominence as major research universities and transferring the balance of the higher education fund to the national research university fund.

TX SJR3

Proposing a constitutional amendment providing for the establishment of the Dementia Prevention and Research Institute of Texas, establishing the Dementia Prevention and Research Fund to provide money for research on and prevention and treatment of dementia, Alzheimer's disease, Parkinson's disease, and related disorders in this state, and transferring to that fund $3 billion from state general revenue.

CA AB1538

Tax return information: research: poverty.

CA AB2429

Commission on Peace Officers Standards and Training: assessment of training requirements.

TX SJR49

Proposing a constitutional amendment creating a university research fund to support emerging research universities in The University of Texas System or The Texas A&M University System and disqualifying all component institutions of those university systems from receiving money from the national research university fund.

MN HC6

A concurrent resolution recognizing wild rice as sacred and central to the culture and health of Indigenous Peoples in Minnesota and critical to the health and identity of all Minnesota citizens and ecosystems and establishing a commitment to passing legislation to protect wild rice and the freshwater resources upon which it depends.