| 1 | 1 | | By: Christian H.J.R. No. 96 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A JOINT RESOLUTION |
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| 5 | 5 | | proposing a constitutional amendment to define a public use for |
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| 6 | 6 | | which property may be taken, damaged, or destroyed. |
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| 7 | 7 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 17, Article I, Texas Constitution, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | Sec. 17. (a) No person's property shall be taken, damaged or |
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| 11 | 11 | | destroyed for or applied to public use without adequate |
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| 12 | 12 | | compensation being made, unless by the consent of such person; and, |
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| 13 | 13 | | when taken, except for the use of the State, such compensation shall |
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| 14 | 14 | | be first made, or secured by a deposit of money; and no irrevocable |
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| 15 | 15 | | or uncontrollable grant of special privileges or immunities, shall |
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| 16 | 16 | | be made; but all privileges and franchises granted by the |
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| 17 | 17 | | Legislature, or created under its authority shall be subject to the |
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| 18 | 18 | | control thereof. |
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| 19 | 19 | | (b) In this section, "public use" means a use of property |
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| 20 | 20 | | that allows the state, a political subdivision of the state, or the |
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| 21 | 21 | | general public of the state to possess, occupy, and enjoy the |
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| 22 | 22 | | property, including the use of property for: |
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| 23 | 23 | | (1) transportation projects, including, but not |
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| 24 | 24 | | limited to, railroads, airports, or public roads or highways; |
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| 25 | 25 | | (2) entities authorized under Section 59, Article XVI, |
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| 26 | 26 | | of this constitution, including port authorities, navigation |
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| 27 | 27 | | districts, and any other conservation or reclamation districts that |
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| 28 | 28 | | act as ports; |
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| 29 | 29 | | (3) water supply, wastewater, flood control, and |
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| 30 | 30 | | drainage projects; |
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| 31 | 31 | | (4) public buildings, hospitals, and parks; |
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| 32 | 32 | | (5) the provision of utility services; |
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| 33 | 33 | | (6) a sports and community venue project approved by |
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| 34 | 34 | | voters at an election held on or before December 1, 2005, under |
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| 35 | 35 | | Chapter 334 or 335, Local Government Code, as those chapters |
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| 36 | 36 | | existed on or before December 1, 2005; |
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| 37 | 37 | | (7) the operations of: |
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| 38 | 38 | | (A) a common carrier pipeline; or |
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| 39 | 39 | | (B) an energy transporter, as that term is |
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| 40 | 40 | | defined by Section 186.051, Utilities Code, as that section existed |
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| 41 | 41 | | on January 1, 2009; |
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| 42 | 42 | | (8) a purpose authorized by Chapter 181, Utilities |
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| 43 | 43 | | Code, as that chapter existed on January 1, 2009; |
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| 44 | 44 | | (9) underground storage operations subject to Chapter |
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| 45 | 45 | | 91, Natural Resources Code, as that chapter existed on January 1, |
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| 46 | 46 | | 2009; |
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| 47 | 47 | | (10) a waste disposal project; or |
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| 48 | 48 | | (11) a library, museum, or related facility and any |
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| 49 | 49 | | infrastructure related to the facility. |
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| 50 | 50 | | SECTION 2. This proposed constitutional amendment shall be |
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| 51 | 51 | | submitted to the voters at an election to be held on November 3, |
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| 52 | 52 | | 2009. The ballot shall be printed to permit voting for or against |
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| 53 | 53 | | the proposition: "The constitutional amendment to define a public |
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| 54 | 54 | | use for which property may be taken, damaged, or destroyed." |
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