H.R. No. 3061
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 81st Legislature, Regular Session, 2009, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Joint Resolution 14
(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) to consider and take action on the following
matter:
House Rule 13, Sections 9(a)(1) and (4), are suspended to
allow the conference committee to change and add text on a matter
that is not in disagreement in proposed amendments to Section 17,
Article I, Texas Constitution, so that the proposed Section 17
reads as follows:
SECTION 1.01. 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
only if the taking, damage, or destruction is for:
(1) the ownership, use, and enjoyment of the property,
notwithstanding an incidental use, by:
(A) the State, a political subdivision of the
State, or the public at large; or
(B) an entity granted the power of eminent domain
under law; or
(2) the elimination of urban blight on a particular
parcel of property.
(b) In this section, "public use" does not include the
taking of property under Subsection (a) of this section for
transfer to a private entity for the primary purpose of economic
development or enhancement of tax revenues.
(c) On or after January 1, 2010, the legislature may enact a
general, local, or special law granting the power of eminent domain
to an entity only on a two-thirds vote of all the members elected to
each house.
(d) When a person's property is taken under Subsection (a)
of this section [; and, when taken], except for the use of the
State, [such] compensation as described by Subsection (a) 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.
Explanation: The changes and additions are necessary to
provide that on and after January 1, 2010, the legislature may enact
a law granting the power of eminent domain to an entity only on a
two-thirds vote of all the members elected to each house.
Corte
______________________________
Speaker of the House
I certify that H.R. No. 3061 was adopted by the House on May
31, 2009, by the following vote: Yeas 143, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House