By: Christian H.J.R. No. 96
A JOINT RESOLUTION
proposing a constitutional amendment to define a public use for
which property may be taken, damaged, or destroyed.
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. (a) No person's property shall be taken, damaged or
destroyed for or applied to public use without adequate
compensation being made, unless by the consent of such person; 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.
(b) In this section, "public use" means a use of property
that allows the state, a political subdivision of the state, or the
general public of the state to possess, occupy, and enjoy the
property, including the use of property for:
(1) transportation projects, including, but not
limited to, railroads, airports, or public roads or highways;
(2) entities authorized under Section 59, Article XVI,
of this constitution, including port authorities, navigation
districts, and 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, as those chapters
existed on or before December 1, 2005;
(7) the operations of:
(A) a common carrier pipeline; or
(B) an energy transporter, as that term is
defined by Section 186.051, Utilities Code, as that section existed
on January 1, 2009;
(8) a purpose authorized by Chapter 181, Utilities
Code, as that chapter existed on January 1, 2009;
(9) underground storage operations subject to Chapter
91, Natural Resources Code, as that chapter existed on January 1,
2009;
(10) a waste disposal project; or
(11) a library, museum, or related facility and any
infrastructure related to the facility.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held on November 3,
2009. The ballot shall be printed to permit voting for or against
the proposition: "The constitutional amendment to define a public
use for which property may be taken, damaged, or destroyed."