| 1 | 1 | | 81R1686 PMO-D |
|---|
| 2 | 2 | | By: Nichols S.B. No. 219 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to prohibiting the use of eminent domain to take private |
|---|
| 8 | 8 | | property for recreational purposes. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 2206, Government Code, is amended by |
|---|
| 11 | 11 | | adding Section 2206.002 to read as follows: |
|---|
| 12 | 12 | | Sec. 2206.002. PROHIBITION OF EMINENT DOMAIN FOR |
|---|
| 13 | 13 | | RECREATIONAL PURPOSES. (a) This section applies to the use of |
|---|
| 14 | 14 | | eminent domain under the laws of this state, including a local or |
|---|
| 15 | 15 | | special law, by any governmental or private entity, including: |
|---|
| 16 | 16 | | (1) a state agency, including an institution of higher |
|---|
| 17 | 17 | | education as defined by Section 61.003, Education Code; |
|---|
| 18 | 18 | | (2) a political subdivision of this state; or |
|---|
| 19 | 19 | | (3) a corporation created by a governmental entity to |
|---|
| 20 | 20 | | act on behalf of the entity. |
|---|
| 21 | 21 | | (b) Notwithstanding any other law, a governmental or |
|---|
| 22 | 22 | | private entity may not take private property through the use of |
|---|
| 23 | 23 | | eminent domain if the taking is for a recreational purpose. |
|---|
| 24 | 24 | | (c) This section does not affect the authority of an entity |
|---|
| 25 | 25 | | authorized by law to take private property through the use of |
|---|
| 26 | 26 | | eminent domain for a purpose listed in Section 2206.001(c) unless |
|---|
| 27 | 27 | | the purpose is considered a recreational purpose under Subsection |
|---|
| 28 | 28 | | (d). |
|---|
| 29 | 29 | | (d) For the purposes of this section, "recreational |
|---|
| 30 | 30 | | purpose" includes: |
|---|
| 31 | 31 | | (1) a parks and recreation system, or improvements or |
|---|
| 32 | 32 | | additions to a parks and recreation system, including sidewalks, or |
|---|
| 33 | 33 | | an area or facility that is part of a parks and recreation system; |
|---|
| 34 | 34 | | and |
|---|
| 35 | 35 | | (2) a park, greenbelt, or trail. |
|---|
| 36 | 36 | | (e) This section does not affect the authority of a |
|---|
| 37 | 37 | | governmental entity to condemn a leasehold estate on property owned |
|---|
| 38 | 38 | | by the governmental entity. |
|---|
| 39 | 39 | | (f) The determination by the governmental or private entity |
|---|
| 40 | 40 | | proposing to take the property that the taking does not involve an |
|---|
| 41 | 41 | | act or circumstance prohibited by Subsection (b) does not create a |
|---|
| 42 | 42 | | presumption with respect to whether the taking involves that act or |
|---|
| 43 | 43 | | circumstance. |
|---|
| 44 | 44 | | SECTION 2. Section 21.103(a), Parks and Wildlife Code, is |
|---|
| 45 | 45 | | amended to read as follows: |
|---|
| 46 | 46 | | (a) Except as provided in Subsection (b) of this section, |
|---|
| 47 | 47 | | the department may acquire park sites, including property already |
|---|
| 48 | 48 | | devoted to public use, by purchase [, condemnation,] or any other |
|---|
| 49 | 49 | | manner permitted by law. |
|---|
| 50 | 50 | | SECTION 3. Sections 13.305 and 21.103(c), Parks and |
|---|
| 51 | 51 | | Wildlife Code, are repealed. |
|---|
| 52 | 52 | | SECTION 4. The change in law made by this Act applies only |
|---|
| 53 | 53 | | to the taking of private property by eminent domain for which a |
|---|
| 54 | 54 | | condemnation petition is filed on or after the effective date of |
|---|
| 55 | 55 | | this Act. A taking for which a condemnation petition is filed |
|---|
| 56 | 56 | | before the effective date of this Act is governed by the law in |
|---|
| 57 | 57 | | effect immediately before that date, and that law is continued in |
|---|
| 58 | 58 | | effect for that purpose. |
|---|
| 59 | 59 | | SECTION 5. This Act takes effect September 1, 2009. |
|---|