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.

Similar Bills

No similar bills found.