Texas House Bill HB37

Texas 2009 - 81st Regular

• Filed: 11/10/08

Caption

Relating to certain municipal development programs involving areas having characteristics of blight or a slum.

Impact

A significant change introduced by HB37 is the limitation placed on the municipalities' right of eminent domain. According to the bill, municipalities are restricted from exercising eminent domain for property acquisition unless the property's condition poses an immediate threat to public health and safety. This amendment directly impacts how municipalities can address issues of urban decay and development, aiming to protect property owners from potential overreach by local authorities in their efforts to eliminate blighted or slum conditions.

Summary

House Bill 37 addresses municipal development programs specifically for areas characterized by blight or slum conditions. The bill aims to enhance the procedures required before municipalities can adopt community development programs by outlining clear guidelines for identifying affected areas. It mandates the governing body of a municipality to recognize places where predominantly low and moderate income individuals reside and to designate these areas for community development activities, which include building rehabilitation and acquisition of properties. The legislation emphasizes the importance of public involvement through mandated public hearings prior to the final adoption of any community development program.

Contention

The bill has sparked discussion around the balance between necessary municipal intervention in deteriorating areas and the rights of property owners. Proponents argue that the bill establishes essential protections against unwarranted seizures of property and promotes thorough public participation in development planning. However, some critics express concern that the limitations on eminent domain could hinder timely and effective responses to severe blight conditions, potentially allowing dangerous situations to persist in vulnerable communities. Thus, the legislative discourse continues around how to best promote equitable development while safeguarding property rights.