Texas Senate Bill SJR42

Texas 2009 - 81st Regular

• Out of Senate Committee: 5/7/09
• Voted on by Senate: 5/11/09

Caption

Proposing a constitutional amendment to prohibit the taking of property for transfer to a private entity for certain purposes.

Impact

Should SJR42 be enacted, it would fundamentally alter the interpretation of property rights in Texas, particularly in relation to the state's ability to exercise eminent domain for economic development. By amending Section 17 of Article I of the Texas Constitution, the proposal seeks to safeguard private property from potential government overreach, ensuring that any takings are primarily for public use rather than for economic gain where a private entity is the beneficiary. This could hinder local governments' ability to develop infrastructure or incentivize businesses in their jurisdictions.

Summary

SJR42 proposes an amendment to the Texas Constitution that aims to prohibit the taking of private property for certain economic development purposes. This amendment defines 'public use' explicitly to exclude circumstances where property is acquired primarily for the economic benefit of a private entity. This change highlights a significant shift towards protecting individual property rights against government actions that may favor private interests under the guise of public benefit.

Contention

The discussion surrounding SJR42 includes notable contention among lawmakers and stakeholders. Proponents argue that the bill is essential to protect the rights of property owners and prevent unjust seizures of land under economic pretenses, which they contend happen too frequently. Opponents, however, might argue that such limitations on eminent domain could stifle economic development opportunities and make it harder for local governments to improve communities through projects that may involve private partnerships.