81R1667 UM-D
By: Corte H.B. No. 37
A BILL TO BE ENTITLED
AN ACT
relating to certain municipal development programs involving areas
having characteristics of blight or a slum.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 373.006, Local Government Code, is
amended to read as follows:
Sec. 373.006. REQUIRED PROCEDURES BEFORE ADOPTION OF
COMMUNITY DEVELOPMENT PROGRAM. Before exercising powers under
Section 373.005, the governing body of the municipality must:
(1) identify areas of the municipality in which
predominantly low and moderate income persons reside, each unit of
real property in the municipality that has the characteristics of
blight [are blighted] or a slum, and each [areas or that are]
federally assisted new community in the municipality
[communities];
(2) establish community development program areas in
which community development activities, building rehabilitation,
or the acquisition of privately owned buildings or land is
proposed;
(3) adopt, by resolution or ordinance, a plan under
which citizens may publicly comment on the proposed community
development program;
(4) conduct public hearings on the proposed program
before the 15th day before the date of its final adoption by the
governing body; and
(5) adopt the community development program by
resolution or ordinance.
SECTION 2. Section 373.007, Local Government Code, is
amended by adding Subsection (c) to read as follows:
(c) Notwithstanding any other law, a municipality may not
exercise the right of eminent domain to acquire property for the
purposes of this chapter unless the condition of the property is an
immediate threat to public health and safety.
SECTION 3. Sections 374.003(3) and (19), Local Government
Code, are amended to read as follows:
(3) "Blight" ["Blighted area"] means a condition of
property [an area] that is not considered a characteristic of a slum
[area], but that, because of deteriorating buildings, structures,
or other improvements; defective or inadequate streets, street
layout, or accessibility; unsanitary conditions; or other
hazardous conditions, adversely affects the public health, safety,
morals, or welfare of the municipality and its residents,
substantially retards the provision of a sound and healthful
housing environment, or results in an economic or social liability
to the municipality. The term includes property in an area
certified as a disaster area as provided by Section 374.903.
(19) "Slum [area]" means an area within a municipality
that is detrimental to the public health, safety, morals, and
welfare of the municipality because of [the area]:
(A) [has] a predominance of buildings or other
improvements that are dilapidated, deteriorated, or obsolete due to
age or other reasons;
(B) [is prone to] high population densities and
overcrowding due to inadequate provision for open space;
(C) [is composed of] open land that, because of
its location within municipal limits, is necessary for sound
community growth through replatting, planning, and development for
predominantly residential uses; or
(D) [has] conditions that exist due to any of the
causes enumerated in Paragraphs (A)-(C) or any combination of those
causes that:
(i) endanger life or property by fire or
other causes; or
(ii) are conducive to:
(a) the ill health of the residents;
(b) disease transmission;
(c) abnormally high rates of infant
mortality;
(d) abnormally high rates of juvenile
delinquency and crime; or
(e) disorderly development because of
inadequate or improper platting for adequate residential
development of lots, streets, and public utilities.
SECTION 4. Section 374.011, Local Government Code, is
amended by adding Subsection (d) to read as follows:
(d) The governing body of the municipality must determine
that each unit of real property included in a resolution under
Subsection (a) has the characteristics of blight or a slum.
SECTION 5. Section 374.012(c), Local Government Code, is
amended to read as follows:
(c) The resolution ordering the election and the notice of
the election must contain:
(1) a complete legal description of each unit of
property [the area] included in the proposed project;
(2) a statement of the nature of the proposed project;
[and]
(3) a statement of the total amount of local funds to
be spent on the proposed project; and
(4) a statement that each unit of property has the
characteristics of blight or a slum.
SECTION 6. Subchapter B, Chapter 374, Local Government
Code, is amended by adding Section 374.018 to read as follows:
Sec. 374.018. LIMITATION ON RIGHT OF EMINENT DOMAIN.
Notwithstanding any other law, a municipality may not exercise the
right of eminent domain to acquire property for the purposes of this
chapter unless the condition of the property is an immediate threat
to public health and safety.
SECTION 7. The change in law made by this Act applies only
to the taking of property for which a condemnation petition is filed
on or after the effective date of this Act. The taking of property
for which a condemnation petition is filed before the effective
date of this Act is governed by the law in effect immediately before
that date, and that law is continued in effect for that purpose.
SECTION 8. 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, 2009.