Texas 2009 - 81st Regular

Texas House Bill HB417 Compare Versions

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1	1	81R1107 UM-F
2	2	By: Callegari, Orr, Pickett, Menendez, Hodge H.B. No. 417
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the acquisition of and compensation for real property,
8	8	including blighted property, for public purposes through
9	9	condemnation or certain other means.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 373.002(b), Local Government Code, is
12	12	amended to read as follows:
13	13	(b) Activities conducted under this chapter are directed
14	14	toward the following purposes:
15	15	(1) elimination of [slums and] areas affected by
16	16	blight;
17	17	(2) prevention of blighting influences and of the
18	18	deterioration of property and neighborhood and community
19	19	facilities important to the welfare of the community;
20	20	(3) elimination of conditions detrimental to the
21	21	public health, safety, and welfare;
22	22	(4) expansion and improvement of the quantity and
23	23	quality of community services essential for the development of
24	24	viable urban communities;
25	25	(5) more rational use of land and other natural
26	26	resources;
27	27	(6) improved arrangement of residential, commercial,
28	28	industrial, recreational, and other necessary activity centers;
29	29	(7) restoration and preservation of properties of
30	30	special value for historic, architectural, or aesthetic reasons;
31	31	(8) reduction of the isolation of income groups in
32	32	communities and geographical areas, promotion of increased
33	33	diversity and vitality of neighborhoods through spatial
34	34	deconcentration of housing opportunities for persons of low and
35	35	moderate income, and revitalization of deteriorating or
36	36	deteriorated neighborhoods to attract persons of higher income; and
37	37	(9) alleviation of physical and economic distress
38	38	through the stimulation of private investment and community
39	39	revitalization in [slum or] blighted areas.
40	40	SECTION 2. Section 373.004, Local Government Code, is
41	41	amended to read as follows:
42	42	Sec. 373.004. GOALS OF PROGRAM. Through a community
43	43	development program, a municipality may conduct work or activities
44	44	designed to:
45	45	(1) improve the living and economic conditions of
46	46	persons of low and moderate income;
47	47	(2) benefit low or moderate income neighborhoods;
48	48	(3) aid in the prevention or elimination of [slums
49	49	and] blighted areas;
50	50	(4) aid a federally assisted new community; or
51	51	(5) meet other urgent community development needs,
52	52	including an activity or function specified for a community
53	53	development program that incorporates a federally assisted new
54	54	community.
55	55	SECTION 3. Section 373.006, Local Government Code, is
56	56	amended to read as follows:
57	57	Sec. 373.006. REQUIRED PROCEDURES BEFORE ADOPTION OF
58	58	COMMUNITY DEVELOPMENT PROGRAM. Before exercising powers under
59	59	Section 373.005, the governing body of the municipality must:
60	60	(1) identify areas of the municipality in which
61	61	predominantly low and moderate income persons reside and each unit
62	62	of real property in the municipality[,] that has the
63	63	characteristics of blight [are blighted or slum areas] or that is a
64	64	[are] federally assisted new community in the municipality
65	65	[communities];
66	66	(2) establish community development program areas in
67	67	which community development activities, building rehabilitation,
68	68	or the acquisition of privately owned buildings or land is
69	69	proposed;
70	70	(3) adopt, by resolution or ordinance, a plan under
71	71	which citizens may publicly comment on the proposed community
72	72	development program;
73	73	(4) conduct public hearings on the proposed program
74	74	before the 15th day before the date of its final adoption by the
75	75	governing body; and
76	76	(5) adopt the community development program by
77	77	resolution or ordinance.
78	78	SECTION 4. Sections 374.002(a) and (b), Local Government
79	79	Code, are amended to read as follows:
80	80	(a) The legislature finds that [slum and] blighted areas
81	81	exist in municipalities in this state and that those areas:
82	82	(1) are a serious and growing menace that is injurious
83	83	and inimical to the public health, safety, morals, and welfare of
84	84	the residents of this state;
85	85	(2) contribute substantially and increasingly to the
86	86	spread of disease and crime, requiring excessive and
87	87	disproportionate expenditures of public funds for the preservation
88	88	of the public health and safety, and for crime prevention,
89	89	correctional facilities, prosecution and punishment, treatment of
90	90	juvenile delinquency, and the maintenance of adequate police, fire,
91	91	and accident protection and other public services and facilities;
92	92	and
93	93	(3) constitute an economic and social liability,
94	94	substantially impair the sound growth of affected municipalities,
95	95	and retard the provision of housing accommodations.
96	96	(b) For these reasons, prevention and elimination of [slum
97	97	and] blighted areas are matters of state policy and concern that may
98	98	be best addressed by the combined action of private enterprise,
99	99	municipal regulation, and other public action through approved
100	100	urban renewal plans. The legislature further finds that the repair
101	101	and rehabilitation of buildings and other improvements in affected
102	102	areas, public acquisition of real property, demolition of buildings
103	103	and other improvements as necessary to eliminate [slum or] blight
104	104	conditions or to prevent the spread of those conditions, the
105	105	disposition of property acquired in affected areas and incidental
106	106	to the purposes stated by this subsection, and other public
107	107	assistance to eliminate those conditions are public purposes for
108	108	which public money may be spent and the power of eminent domain
109	109	exercised.
110	110	SECTION 5. Sections 374.003(3), (18), (25), (26), and (28),
111	111	Local Government Code, are amended to read as follows:
112	112	(3) "Blighted area" means a tract or unit of property
113	113	[an area] that presents four or more of the following conditions for
114	114	at least one year after the date on which notice of the conditions
115	115	is provided to the property owner as required by Section
116	116	374.018(a)(1) or (b):
117	117	(A) the property contains uninhabitable, unsafe,
118	118	or abandoned structures;
119	119	(B) the property has inadequate provisions for
120	120	sanitation;
121	121	(C) there exists on the property an imminent harm
122	122	to life or other property caused by fire, flood, hurricane,
123	123	tornado, earthquake, storm, or other natural catastrophe declared
124	124	to be a disaster under Section 418.014, Government Code, or
125	125	certified as a disaster for federal assistance under Section
126	126	418.021, Government Code;
127	127	(D) the property has been identified by the
128	128	United States Environmental Protection Agency as a superfund site
129	129	under the federal Comprehensive Environmental Response,
130	130	Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et
131	131	seq.) or as environmentally contaminated to an extent that the
132	132	property requires remedial investigation or a feasibility study;
133	133	(E) the property has been the location of
134	134	substantiated and repeated illegal activity of which the property
135	135	owner knew or should have known;
136	136	(F) the maintenance of the property is below
137	137	county or municipal standards;
138	138	(G) the property is abandoned and contains a
139	139	structure that is not fit for its intended use because the
140	140	utilities, sewerage, plumbing, or heating or a similar service or
141	141	facility of the structure has been disconnected, destroyed,
142	142	removed, or rendered ineffective; or
143	143	(H) the property presents an economic liability
144	144	to the immediate area because of deteriorating structures or
145	145	hazardous conditions [is not a slum area, but that, because of
146	146	deteriorating buildings, structures, or other improvements;
147	147	defective or inadequate streets, street layout, or accessibility;
148	148	unsanitary conditions; or other hazardous conditions, adversely
149	149	affects the public health, safety, morals, or welfare of the
150	150	municipality and its residents, substantially retards the
151	151	provision of a sound and healthful housing environment, or results
152	152	in an economic or social liability to the municipality. The term
153	153	includes an area certified as a disaster area as provided by Section
154	154	374.903].
155	155	(18) "Rehabilitation" means the restoration of
156	156	buildings or other structures to prevent deterioration of an area
157	157	that is tending to become a blighted area [or a slum area].
158	158	(25) "Urban renewal activities" includes [slum
159	159	clearance,] redevelopment, rehabilitation, and conservation
160	160	activities to prevent further deterioration of an area that is
161	161	tending to become a blighted [or slum] area. The term includes:
162	162	(A) the acquisition of all or part of a [slum area
163	163	or] blighted area or the acquisition of land that is predominantly
164	164	open and that, because of obsolete platting, diversity of
165	165	ownership, deterioration of structures or site improvements, or for
166	166	other reasons, substantially impairs or arrests the sound growth of
167	167	the community;
168	168	(B) the demolition and removal of buildings and
169	169	improvements;
170	170	(C) the installation, construction, or
171	171	reconstruction of streets, utilities, parks, playgrounds, and
172	172	other improvements necessary to fulfill urban renewal objectives in
173	173	accordance with an urban renewal plan;
174	174	(D) the disposition by the municipality of
175	175	property acquired in an urban renewal area for use in accordance
176	176	with an urban renewal plan, including the sale or initial lease of
177	177	the property at its fair value or the retention of the property;
178	178	(E) the implementation of plans for a program of
179	179	voluntary repair and rehabilitation of buildings or improvements in
180	180	accordance with an urban renewal plan; and
181	181	(F) the acquisition of real property in an urban
182	182	renewal area as necessary to remove or prevent the spread of blight
183	183	or deterioration or to provide land for needed public facilities.
184	184	(26) "Urban renewal area" means a [slum area,]
185	185	blighted area[, or a combination of those areas] that the governing
186	186	body of a municipality designates as appropriate for an urban
187	187	renewal project.
188	188	(28) "Urban renewal project" includes any of the
189	189	following activities undertaken in accordance with an urban renewal
190	190	plan:
191	191	(A) municipal activities in an urban renewal area
192	192	that are designed to eliminate or to prevent the development or
193	193	spread of [slums and] blighted areas;
194	194	(B) [slum clearance and redevelopment in an urban
195	195	renewal area;
196	196	[(C)] rehabilitation or conservation in an urban
197	197	renewal area;
198	198	(C) [(D)] development of open land that, because
199	199	of location or situation, is necessary for sound community growth
200	200	and that is to be developed, by replatting and planning, for
201	201	predominantly residential uses; or
202	202	(D) [(E)] any combination or part of the
203	203	activities described by Paragraphs (A)-(C) [(A)-(D)].
204	204	SECTION 6. Section 374.011, Local Government Code, is
205	205	amended by amending Subsection (a) and adding Subsection (d) to
206	206	read as follows:
207	207	(a) Except as provided by Section 374.012, a municipality
208	208	may not exercise a power granted under this chapter unless:
209	209	(1) the governing body of the municipality adopts a
210	210	resolution that finds that a [slum area or] blighted area exists in
211	211	the municipality and that the rehabilitation, the conservation, or
212	212	the [slum clearance and] redevelopment of the area is necessary for
213	213	the public health, safety, morals, or welfare of the residents of
214	214	the municipality; and
215	215	(2) a majority of the municipality's voters voting in
216	216	an election held as provided by Subsection (b) favor adoption of the
217	217	resolution.
218	218	(d) The governing body of the municipality must determine
219	219	that each unit of real property included in a resolution under
220	220	Subsection (a) has the characteristics of blight.
221	221	SECTION 7. Section 374.012(c), Local Government Code, is
222	222	amended to read as follows:
223	223	(c) The resolution ordering the election and the notice of
224	224	the election must contain:
225	225	(1) a complete legal description of each unit of
226	226	property [the area] included in the proposed project;
227	227	(2) a statement of the nature of the proposed project;
228	228	[and]
229	229	(3) a statement of the total amount of local funds to
230	230	be spent on the proposed project; and
231	231	(4) a statement that each unit of property has the
232	232	characteristics of blight.
233	233	SECTION 8. Section 374.013(a), Local Government Code, is
234	234	amended to read as follows:
235	235	(a) To further the urban renewal objectives of this chapter,
236	236	a municipality may formulate a workable program to use appropriate
237	237	private and public resources, including the resources specified by
238	238	Subsection (b), to encourage urban rehabilitation, to provide for
239	239	the redevelopment of [slum and] blighted areas, or to undertake
240	240	those activities or other feasible municipal activities as may be
241	241	suitably employed to achieve the objective of the program. The
242	242	program must specifically include provisions relating to:
243	243	(1) prevention, through diligent enforcement of
244	244	housing and occupancy controls and standards, of the expansion of
245	245	blight into areas of the municipality that are free from blight; and
246	246	(2) rehabilitation or conservation of [slum and]
247	247	blighted areas as far as practicable to areas that are free from
248	248	blight through replanning, removing congestion, providing parks,
249	249	playgrounds, and other public improvements, encouraging voluntary
250	250	rehabilitation and requiring the repair and rehabilitation of
251	251	deteriorated or deteriorating structures[, and the clearance and
252	252	redevelopment of slum areas].
253	253	SECTION 9. Section 374.014(a), Local Government Code, is
254	254	amended to read as follows:
255	255	(a) A municipality may not prepare an urban renewal plan for
256	256	an area unless the governing body of the municipality has, by
257	257	resolution, declared the area to be a [slum area, a] blighted area[,
258	258	or both,] and has designated the area as appropriate for an urban
259	259	renewal project. The governing body may not approve an urban
260	260	renewal plan until a general plan has been prepared for the
261	261	municipality. A municipality may not acquire real property for an
262	262	urban renewal project until the governing body has approved the
263	263	urban renewal plan as provided by Subsection (d).
264	264	SECTION 10. Sections 374.015(a) and (d), Local Government
265	265	Code, are amended to read as follows:
266	266	(a) A municipality may exercise all powers necessary or
267	267	convenient to carry out the purposes of this chapter, including the
268	268	power to:
269	269	(1) conduct preliminary surveys to determine if
270	270	undertaking an urban renewal project is feasible;
271	271	(2) conduct urban renewal projects within its area of
272	272	operation;
273	273	(3) execute contracts and other instruments necessary
274	274	or convenient to the exercise of its powers under this chapter;
275	275	(4) provide, arrange, or contract for the furnishing
276	276	or repair by any person of services, privileges, works, streets,
277	277	roads, public utilities, or other facilities in connection with an
278	278	urban renewal project, including installation, construction, and
279	279	reconstruction of streets, utilities, parks, playgrounds, and
280	280	other public improvements necessary to carry out an urban renewal
281	281	project;
282	282	(5) acquire any real property, including
283	283	improvements, and any personal property necessary for
284	284	administrative purposes, that is necessary or incidental to an
285	285	urban renewal project, hold, improve, clear, or prepare the
286	286	property for redevelopment, mortgage or otherwise encumber or
287	287	dispose of the real property, insure or provide for the insurance of
288	288	real or personal property or municipal operations against any risk
289	289	or hazard and to pay premiums on that insurance, and enter any
290	290	necessary contracts;
291	291	(6) invest urban renewal project funds held in
292	292	reserves or sinking funds, or not required for immediate
293	293	disbursement, in property or securities in which banks may legally
294	294	invest funds subject to their control, redeem bonds issued under
295	295	Section 374.026 at the redemption price established in the bond, or
296	296	purchase those bonds at less than the redemption price, and cancel
297	297	the bonds redeemed or purchased;
298	298	(7) borrow money and apply for and accept advances,
299	299	loans, grants, contributions, and other forms of financial
300	300	assistance from the federal, state, or county government, other
301	301	public body, or other public or private sources for the purposes of
302	302	this chapter, give any required security, and make and carry out any
303	303	contracts in connection with the financial assistance;
304	304	(8) make plans necessary to carry out this chapter in
305	305	its area of operation, contract with any person in making and
306	306	carrying out the plans, and adopt, approve, modify or amend the
307	307	plans;
308	308	(9) develop, test, and report methods and techniques
309	309	for the prevention of [slums and] urban blight, conduct
310	310	demonstrations and other activities in connection with those
311	311	methods and techniques, and apply for, accept, and use federal
312	312	grants made for those purposes;
313	313	(10) prepare plans and provide reasonable assistance
314	314	for the relocation of persons displaced from an urban renewal
315	315	project area, including families, business concerns, and others, as
316	316	necessary to acquire possession and to clear the area in order to
317	317	conduct the urban renewal project;
318	318	(11) appropriate funds and make expenditures as
319	319	necessary to implement this chapter and, subject to Subsection (c),
320	320	levy taxes and assessments for that purpose;
321	321	(12) close, vacate, plan, or replan streets, roads,
322	322	sidewalks, ways, or other places, plan, replan, zone, or rezone any
323	323	part of the municipality and make exceptions from building
324	324	regulations, and enter agreements with an urban renewal agency
325	325	vested with urban renewal powers under Subchapter C, which may
326	326	extend over any period, restricting action to be taken by the
327	327	municipality under any of the powers granted under this chapter;
328	328	(13) organize, coordinate, and direct the
329	329	administration of this chapter within the area of operation as
330	330	those provisions apply to the municipality to most effectively
331	331	promote and achieve the purposes of this chapter and establish new
332	332	municipal offices or reorganize existing offices as necessary to
333	333	most effectively implement those purposes; and
334	334	(14) issue tax increment bonds.
335	335	(d) A [Except as provided by Section 374.016, a]
336	336	municipality may acquire by condemnation any interest in real
337	337	property, including a fee simple interest, that the municipality
338	338	considers necessary for or in connection with an urban renewal
339	339	project. Property dedicated to a public use may be acquired in that
340	340	manner, except that property belonging to the state or to a
341	341	political subdivision of the state may not be acquired without the
342	342	consent of the state or political subdivision.
343	343	SECTION 11. Section 374.017(d), Local Government Code, is
344	344	amended to read as follows:
345	345	(d) Real property or an interest in real property subject to
346	346	this section may only be sold, leased, or otherwise transferred or
347	347	retained at not less than the fair value of the property for uses in
348	348	accordance with the urban renewal plan. In determining the fair
349	349	value, the municipality shall consider:
350	350	(1) the uses provided in the urban renewal plan;
351	351	(2) any restrictions on and any covenants, conditions,
352	352	and obligations assumed by the purchaser, lessee, or municipality
353	353	in retaining the property;
354	354	(3) the objectives of the plan for the prevention of
355	355	the recurrence of [slums or] blighted areas; and
356	356	(4) any other matters that the municipality specifies
357	357	as appropriate.
358	358	SECTION 12. Section 374.021(b), Local Government Code, is
359	359	amended to read as follows:
360	360	(b) In this section, "urban renewal project powers"
361	361	includes the rights, powers, functions, and duties of a
362	362	municipality under this chapter. The term does not include the
363	363	power to:
364	364	(1) determine an area as a [slum area,] blighted
365	365	area[, or both] and to designate that area as appropriate for an
366	366	urban renewal project;
367	367	(2) approve and amend urban renewal plans and hold
368	368	public hearings relating to those plans;
369	369	(3) establish a general plan for the locality as a
370	370	whole;
371	371	(4) establish a workable program under Section
372	372	374.013;
373	373	(5) make determinations and findings under Section
374	374	374.011(a), 374.013(b), or 374.014(d);
375	375	(6) issue general obligation bonds; and
376	376	(7) appropriate funds, levy taxes and assessments, and
377	377	exercise other functions under Subdivisions (11) and (12) of
378	378	Section 374.015(a).
379	379	SECTION 13. Subchapter B, Chapter 374, Local Government
380	380	Code, is amended by adding Sections 374.018 and 374.019 to read as
381	381	follows:
382	382	Sec. 374.018. LIMITATIONS ON CHARACTERIZATIONS OF BLIGHT.
383	383	(a) Notwithstanding any other law, an area may not be considered a
384	384	blighted area on the basis of a condition described by Section
385	385	374.003 unless:
386	386	(1) the municipality has given notice in writing to
387	387	the property owner by first class mail regarding the condition to
388	388	the:
389	389	(A) last known address of the property owner; and
390	390	(B) physical address of the property; and
391	391	(2) the property owner fails to take reasonable
392	392	measures to remedy the condition.
393	393	(b) If a mailing address for the property owner cannot be
394	394	determined, the municipality shall post notice in writing regarding
395	395	the condition in a conspicuous place on the property.
396	396	(c) An area may not be considered a blighted area solely for
397	397	an aesthetic reason.
398	398	(d) A determination by a municipality that a unit of real
399	399	property has the characteristics of blight is valid for two years.
400	400	(e) After the two-year period prescribed by Subsection (d),
401	401	a municipality may make a new determination that the unit of real
402	402	property has the characteristics of blight and redesignate the unit
403	403	of real property as a blighted area for another two-year period.
404	404	(f) A municipality may remove a determination of blight
405	405	under this chapter if the municipality finds that the property
406	406	owner has remedied the condition that was the basis for the
407	407	determination.
408	408	Sec. 374.019. COMMON OWNER PROPERTY. For the purposes of
409	409	this chapter and Chapter 21, Property Code, if a municipality
410	410	determines that two or more contiguous units of real property that
411	411	are owned by the same person have the characteristics of blight, the
412	412	municipality may treat those units of property as one unit of
413	413	property.
414	414	SECTION 14. Section 2206.001(b), Government Code, is
415	415	amended to read as follows:
416	416	(b) A governmental or private entity may not take private
417	417	property through the use of eminent domain if the taking:
418	418	(1) confers a private benefit on a particular private
419	419	party through the use of the property;
420	420	(2) is for a public use that is merely a pretext to
421	421	confer a private benefit on a particular private party; or
422	422	(3) is for economic development purposes, unless the
423	423	economic development results [is a secondary purpose resulting]
424	424	from municipal community development or municipal urban renewal
425	425	activities to eliminate an existing affirmative harm on society
426	426	from [slum or] blighted areas under:
427	427	(A) Chapter 373 or 374, Local Government Code,
428	428	other than an activity described by Section 373.002(b)(5), Local
429	429	Government Code; or
430	430	(B) Section 311.005(a)(1)(I), Tax Code.
431	431	SECTION 15. Section 21.041, Property Code, is amended to
432	432	read as follows:
433	433	Sec. 21.041. EVIDENCE. As the basis for assessing actual
434	434	damages to a property owner from a condemnation, the special
435	435	commissioners shall admit evidence on:
436	436	(1) the value of the property being condemned;
437	437	(2) the injury to the property owner, including the
438	438	financial damages associated with the cost of relocating from the
439	439	condemned property, if the property was habitable, to another
440	440	property that allows the property owner to have a standard of living
441	441	comparable to the property owner's standard of living before the
442	442	condemnation of the property;
443	443	(3) the benefit to the property owner's remaining
444	444	property; and
445	445	(4) the use of the property for the purpose of the
446	446	condemnation.
447	447	SECTION 16. Section 21.042(d), Property Code, is amended to
448	448	read as follows:
449	449	(d) In estimating injury or benefit under Subsection (c),
450	450	the special commissioners shall consider an injury or benefit that
451	451	is peculiar to the property owner, including the property owner's
452	452	financial damages described by Section 21.041(2), and that relates
453	453	to the property owner's ownership, use, or enjoyment of the
454	454	particular parcel of real property, but they may not consider an
455	455	injury or benefit that the property owner experiences in common
456	456	with the general community.
457	457	SECTION 17. Sections 21.046(a) and (b), Property Code, are
458	458	amended to read as follows:
459	459	(a) A department, agency, instrumentality, or political
460	460	subdivision of this state shall [may] provide a relocation advisory
461	461	service for an individual, a family, a business concern, a farming
462	462	or ranching operation, or a nonprofit organization that [if the
463	463	service] is compatible with the Federal Uniform Relocation
464	464	Assistance Advisory Program, 42 U.S.C. Section 4601 [23 U.S.C.A.
465	465	501,] et seq.
466	466	(b) This state or a political subdivision of this state
467	467	shall [may], as a cost of acquiring real property, pay moving
468	468	expenses and rental supplements, make relocation payments, provide
469	469	financial assistance to acquire replacement housing, and
470	470	compensate for expenses incidental to the transfer of the property
471	471	if an individual, a family, the personal property of a business, a
472	472	farming or ranching operation, or a nonprofit organization is
473	473	displaced in connection with the acquisition.
474	474	SECTION 18. Section 311.002, Tax Code, is amended by adding
475	475	Subdivision (5) to read as follows:
476	476	(5) "Blighted area" has the meaning assigned by
477	477	Section 374.003(3), Local Government Code.
478	478	SECTION 19. Sections 311.008(b) and (e), Tax Code, are
479	479	amended to read as follows:
480	480	(b) A municipality or county may exercise any power
481	481	necessary and convenient to carry out this chapter, including the
482	482	power to:
483	483	(1) cause project plans to be prepared, approve and
484	484	implement the plans, and otherwise achieve the purposes of the
485	485	plan;
486	486	(2) acquire real property by purchase[, condemnation,
487	487	or other means] to implement project plans and sell that property on
488	488	the terms and conditions and in the manner it considers advisable;
489	489	(3) enter into agreements, including agreements with
490	490	bondholders, determined by the governing body of the municipality
491	491	or county to be necessary or convenient to implement project plans
492	492	and achieve their purposes, which agreements may include
493	493	conditions, restrictions, or covenants that run with the land or
494	494	that by other means regulate or restrict the use of land; and
495	495	(4) consistent with the project plan for the zone:
496	496	(A) acquire [blighted, deteriorated,
497	497	deteriorating, undeveloped, or inappropriately developed] real
498	498	property or other property in a blighted area, an undeveloped area,
499	499	or in a federally assisted new community in the zone for the
500	500	preservation or restoration of historic sites, beautification or
501	501	conservation, the provision of public works or public facilities,
502	502	or other public purposes;
503	503	(B) acquire, construct, reconstruct, or install
504	504	public works, facilities, or sites or other public improvements,
505	505	including utilities, streets, street lights, water and sewer
506	506	facilities, pedestrian malls and walkways, parks, flood and
507	507	drainage facilities, or parking facilities, but not including
508	508	educational facilities; [or]
509	509	(C) in a reinvestment zone created on or before
510	510	September 1, 1999, acquire, construct, or reconstruct educational
511	511	facilities in the municipality; or
512	512	(D) acquire by condemnation any interest,
513	513	including a fee simple interest, in real property that is a blighted
514	514	area and necessary for the reinvestment zone.
515	515	(e) A municipality or county may acquire by condemnation an
516	516	interest in real property only if the taking is in accordance with
517	517	Chapter 2206, Government Code. [The implementation of a project
518	518	plan to alleviate a condition described by Section 311.005(a)(1),
519	519	(2), or (3) and to promote development or redevelopment of a
520	520	reinvestment zone in accordance with this chapter serves a public
521	521	purpose.]
522	522	SECTION 20. (a) The following provisions of the Local
523	523	Government Code are repealed:
524	524	(1) Section 374.003(19); and
525	525	(2) Section 374.016.
526	526	(b) Section 311.008(c), Tax Code, is repealed.
527	527	SECTION 21. The change in law made by this Act applies only
528	528	to a condemnation proceeding in which the condemnation petition is
529	529	filed on or after the effective date of this Act. A condemnation
530	530	proceeding pending on the effective date of this Act is governed by
531	531	the law in effect immediately before the effective date of this Act,
532	532	and that law is continued in effect for that purpose.
533	533	SECTION 22. This Act takes effect immediately if it
534	534	receives a vote of two-thirds of all the members elected to each
535	535	house, as provided by Section 39, Article III, Texas Constitution.
536	536	If this Act does not receive the vote necessary for immediate
537	537	effect, this Act takes effect September 1, 2009.