81R20166 PMO-D
By: Corte, Hilderbran, et al. H.J.R. No. 14
Substitute the following for H.J.R. No. 14:
By: Homer C.S.H.J.R. No. 14
A JOINT RESOLUTION
proposing a constitutional amendment to limit the public taking of
private property.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 17, Article I, Texas Constitution, is
amended to read as follows:
Sec. 17. No person's property shall be taken, damaged, or
destroyed for or applied to public use without adequate and just
compensation being made, unless by the consent of such person, and
only if the taking, damage, or destruction is necessary for the
possession, occupation, and enjoyment of the property by a common
carrier, by an entity providing utility service, by the public at
large, by the State, or by a political subdivision of the State;
and, when taken, except for the use of the State, such compensation
shall be first made, or secured by a deposit of money; and no
irrevocable or uncontrollable grant of special privileges or
immunities[,] shall be made; but all privileges and franchises
granted by the Legislature, or created under its authority, shall
be subject to the control thereof.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to prohibit the taking,
damaging, or destroying of private property for public use unless
the action is necessary for the possession, occupation, and
enjoyment of the property by a common carrier, an entity providing
utility service, the public, the state, or a political
subdivision."