By: Duncan S.J.R. No. 42
(In the Senate - Filed March 13, 2009; March 31, 2009, read
first time and referred to Committee on State Affairs; May 7, 2009,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 9, Nays 0; May 7, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.J.R. No. 42 By: Duncan
SENATE JOINT RESOLUTION
proposing a constitutional amendment to prohibit the taking of
property for certain purposes.
BE IT ENACTED 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" does not include the
taking of property by the state or a political subdivision of the
state for transfer to a private entity for the primary purpose of
economic development or enhancement of tax revenues.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to prohibit the taking
of property for certain purposes."
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