| 1 | 1 | | By: Duncan, Nichols S.J.R. No. 42 |
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| 2 | 2 | | SENATE JOINT RESOLUTION |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | SENATE JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment to prohibit the taking of |
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| 7 | 7 | | property for transfer to a private entity for certain purposes. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 17, Article I, Texas Constitution, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | Sec. 17. (a) No person's property shall be taken, damaged |
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| 12 | 12 | | or destroyed for or applied to public use without adequate |
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| 13 | 13 | | compensation being made, unless by the consent of such person; and, |
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| 14 | 14 | | when taken, except for the use of the State, such compensation shall |
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| 15 | 15 | | be first made, or secured by a deposit of money; and no irrevocable |
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| 16 | 16 | | or uncontrollable grant of special privileges or immunities, shall |
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| 17 | 17 | | be made; but all privileges and franchises granted by the |
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| 18 | 18 | | Legislature, or created under its authority shall be subject to the |
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| 19 | 19 | | control thereof. |
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| 20 | 20 | | (b) In this section, "public use" does not include the |
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| 21 | 21 | | taking of property by the state or a political subdivision of the |
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| 22 | 22 | | state for transfer to a private entity for the primary purpose of |
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| 23 | 23 | | economic development or enhancement of tax revenues. |
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| 24 | 24 | | SECTION 2. This proposed constitutional amendment shall be |
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| 25 | 25 | | submitted to the voters at an election to be held November 3, 2009. |
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| 26 | 26 | | The ballot shall be printed to permit voting for or against the |
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| 27 | 27 | | proposition: "The constitutional amendment to prohibit the taking |
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| 28 | 28 | | of property for transfer to a private entity for the primary purpose |
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| 29 | 29 | | of economic development or enhancement of tax revenues." |
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