Texas 2009 - 81st Regular

Texas House Bill HR3061 Compare Versions

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1	1	H.R. No. 3061
2	2
3	3
4	4	R E S O L U T I O N
5	5	BE IT RESOLVED by the House of Representatives of the State of
6	6	Texas, 81st Legislature, Regular Session, 2009, That House Rule 13,
7	7	Section 9(a), be suspended in part as provided by House Rule 13,
8	8	Section 9(f), to enable the conference committee appointed to
9	9	resolve the differences on House Joint Resolution 14
10	10	(constitutional amendments limiting the public taking of private
11	11	property, establishing the national research university fund to
12	12	fund emerging research universities, and eliminating the higher
13	13	education fund) to consider and take action on the following
14	14	matter:
15	15	House Rule 13, Sections 9(a)(1) and (4), are suspended to
16	16	allow the conference committee to change and add text on a matter
17	17	that is not in disagreement in proposed amendments to Section 17,
18	18	Article I, Texas Constitution, so that the proposed Section 17
19	19	reads as follows:
20	20	SECTION 1.01. Section 17, Article I, Texas Constitution, is
21	21	amended to read as follows:
22	22	Sec. 17. (a) No person's property shall be taken, damaged,
23	23	or destroyed for or applied to public use without adequate
24	24	compensation being made, unless by the consent of such person, and
25	25	only if the taking, damage, or destruction is for:
26	26	(1) the ownership, use, and enjoyment of the property,
27	27	notwithstanding an incidental use, by:
28	28	(A) the State, a political subdivision of the
29	29	State, or the public at large; or
30	30	(B) an entity granted the power of eminent domain
31	31	under law; or
32	32	(2) the elimination of urban blight on a particular
33	33	parcel of property.
34	34	(b) In this section, "public use" does not include the
35	35	taking of property under Subsection (a) of this section for
36	36	transfer to a private entity for the primary purpose of economic
37	37	development or enhancement of tax revenues.
38	38	(c) On or after January 1, 2010, the legislature may enact a
39	39	general, local, or special law granting the power of eminent domain
40	40	to an entity only on a two-thirds vote of all the members elected to
41	41	each house.
42	42	(d) When a person's property is taken under Subsection (a)
43	43	of this section [; and, when taken], except for the use of the
44	44	State, [such] compensation as described by Subsection (a) shall be
45	45	first made, or secured by a deposit of money; and no irrevocable or
46	46	uncontrollable grant of special privileges or immunities[,] shall
47	47	be made; but all privileges and franchises granted by the
48	48	Legislature, or created under its authority, shall be subject to
49	49	the control thereof.
50	50	Explanation: The changes and additions are necessary to
51	51	provide that on and after January 1, 2010, the legislature may enact
52	52	a law granting the power of eminent domain to an entity only on a
53	53	two-thirds vote of all the members elected to each house.
54	54	Corte
55	55	______________________________
56	56	Speaker of the House
57	57	I certify that H.R. No. 3061 was adopted by the House on May
58	58	31, 2009, by the following vote: Yeas 143, Nays 1, 2 present, not
59	59	voting.
60	60	______________________________
61	61	Chief Clerk of the House