81R12952 UM-D
By: Pitts H.B. No. 4116
A BILL TO BE ENTITLED
AN ACT
relating to establishing a uniform state policy regarding the
purchases and acquisitions by or for the state or a political
subdivision of the state or for the use or benefit of residents of
this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 10, Government Code, is
amended by adding Chapter 2159 to read as follows:
CHAPTER 2159. UNIFORM STATE POLICY FOR PURCHASES
AND ACQUISITIONS
Sec. 2159.001. UNIFORM PURCHASING AND ACQUISITION POLICY.
(a) The comptroller shall adopt uniform rules regarding the
purchase and acquisition of property by and for the state or a
political subdivision of the state or for the use of residents of
this state, including the acquisition of property through the use
of eminent domain, as necessary to implement the policy of this
state that those purchases and acquisitions are:
(1) efficient, effective, and appropriate for the
purposes of the state and the residents of this state; and
(2) uniformly performed, regulated, and managed by
state agencies, local governments, and other entities on behalf of
this state or for the benefit of residents of this state.
(b) The comptroller may hold public hearings regarding a
rule proposed under this section.
SECTION 2. Chapter 2206, Government Code, is amended to
read as follows:
CHAPTER 2206. [LIMITATIONS ON USE OF] EMINENT DOMAIN
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2206.001. DEFINITION OF PUBLIC USE. Except as
otherwise provided by this chapter, "public use," with respect to
the use of eminent domain authority, means a use of property,
including a use described by Section 2206.051(c), that allows the
state, a political subdivision of the state, or the general public
of the state to possess, occupy, and enjoy the property.
SUBCHAPTER B. LIMITATIONS ON PURPOSE AND USE OF PROPERTY
ACQUIRED THROUGH EMINENT DOMAIN
Sec. 2206.051. LIMITATION ON EMINENT DOMAIN FOR PRIVATE
PARTIES OR ECONOMIC DEVELOPMENT PURPOSES. (a) This section
applies to the use of eminent domain under the laws of this state,
including a local or special law, by any governmental or private
entity, including:
(1) a state agency, including an institution of higher
education as defined by Section 61.003, Education Code;
(2) a political subdivision of this state; or
(3) a corporation created by a governmental entity to
act on behalf of the entity.
(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
municipal community development or municipal urban renewal
activities to eliminate an existing affirmative harm on society
from slum or blighted areas under:
(A) Chapter 373 or 374, Local Government Code,
other than an activity described by Section 373.002(b)(5), Local
Government Code; or
(B) Section 311.005(a)(1)(I), Tax Code; or
(4) is not for a public use.
(c) This section does not affect the authority of an entity
authorized by law to take private property through the use of
eminent domain for:
(1) transportation projects, including, but not
limited to, railroads, airports, or public roads or highways;
(2) entities authorized under Section 59, Article XVI,
Texas Constitution, including:
(A) port authorities;
(B) navigation districts; and
(C) any other conservation or reclamation
districts that act as ports;
(3) water supply, wastewater, flood control, and
drainage projects;
(4) public buildings, hospitals, and parks;
(5) the provision of utility services;
(6) a sports and community venue project approved by
voters at an election held on or before December 1, 2005, under
Chapter 334 or 335, Local Government Code;
(7) the operations of:
(A) a common carrier pipeline [subject to Chapter
111, Natural Resources Code, and Section B(3)(b), Article 2.01,
Texas Business Corporation Act]; or
(B) an energy transporter, as that term is
defined by Section 186.051, Utilities Code;
(8) a purpose authorized by Chapter 181, Utilities
Code;
(9) underground storage operations subject to Chapter
91, Natural Resources Code;
(10) a waste disposal project; or
(11) a library, museum, or related facility and any
infrastructure related to the facility.
(d) This section does not affect the authority of a
governmental entity to condemn a leasehold estate on property owned
by the governmental entity.
(e) The determination by the governmental or private entity
proposing to take the property that the taking does not involve an
act or circumstance prohibited by Subsection (b) does not create a
presumption with respect to whether the taking involves that act or
circumstance.
SECTION 3. Not later than January 1, 2011, the comptroller
shall:
(1) identify all public and private entities with
eminent domain authority; and
(2) make recommendations to the legislature and the
governor regarding:
(A) which entities have, need, or should have
eminent domain authority;
(B) whether that eminent domain authority of
those entities should be continued, expanded, or limited; and
(C) the cause and effect of continuing,
eliminating, expanding, or limiting the eminent domain authority of
those entities.
SECTION 4. Chapter 2206, Government Code, as amended by
this Act, applies only to a condemnation proceeding in which the
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 petition is filed before the effective date
of this Act and any property condemned through the proceeding is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
SECTION 5. 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.