| 1 | 1 | | By: Duncan S.R. No. 1108 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | SENATE RESOLUTION |
|---|
| 5 | 5 | | BE IT RESOLVED by the Senate of the State of Texas, 81st |
|---|
| 6 | 6 | | Legislature, Regular Session, 2009, That Senate Rule 12.03 be |
|---|
| 7 | 7 | | suspended in part as provided by Senate Rule 12.08 to enable the |
|---|
| 8 | 8 | | conference committee appointed to resolve the differences on |
|---|
| 9 | 9 | | House Joint Resolution No. 14 (constitutional amendments |
|---|
| 10 | 10 | | limiting the public taking of private property, establishing the |
|---|
| 11 | 11 | | national research university fund to fund emerging research |
|---|
| 12 | 12 | | universities, and eliminating the higher education fund) to |
|---|
| 13 | 13 | | consider and take action on the following matter: |
|---|
| 14 | 14 | | Senate Rules 12.03(1) and (4) are suspended to allow the |
|---|
| 15 | 15 | | conference committee to change and add text on a matter that is |
|---|
| 16 | 16 | | not in disagreement in proposed amendments to Section 17, Article |
|---|
| 17 | 17 | | I, Texas Constitution, so that the proposed Section 17 reads as |
|---|
| 18 | 18 | | follows: |
|---|
| 19 | 19 | | SECTION 1.01. Section 17, Article I, Texas Constitution, |
|---|
| 20 | 20 | | is amended to read as follows: |
|---|
| 21 | 21 | | Sec. 17. (a) No person's property shall be taken, |
|---|
| 22 | 22 | | damaged, or destroyed for or applied to public use without |
|---|
| 23 | 23 | | adequate compensation being made, unless by the consent of such |
|---|
| 24 | 24 | | person, and only if the taking, damage, or destruction is for: |
|---|
| 25 | 25 | | (1) the ownership, use, and enjoyment of the |
|---|
| 26 | 26 | | property, notwithstanding an incidental use, by: |
|---|
| 27 | 27 | | (A) the State, a political subdivision of the |
|---|
| 28 | 28 | | State, or the public at large; or |
|---|
| 29 | 29 | | (B) an entity granted the power of eminent |
|---|
| 30 | 30 | | domain under law; or |
|---|
| 31 | 31 | | (2) the elimination of urban blight on a particular |
|---|
| 32 | 32 | | parcel of property. |
|---|
| 33 | 33 | | (b) In this section, "public use" does not include the |
|---|
| 34 | 34 | | taking of property under Subsection (a) of this section for |
|---|
| 35 | 35 | | transfer to a private entity for the primary purpose of economic |
|---|
| 36 | 36 | | development or enhancement of tax revenues. |
|---|
| 37 | 37 | | (c) On or after January 1, 2010, the legislature may |
|---|
| 38 | 38 | | enact a general, local, or special law granting the power of |
|---|
| 39 | 39 | | eminent domain to an entity only on a two-thirds vote of all the |
|---|
| 40 | 40 | | members elected to each house. |
|---|
| 41 | 41 | | (d) When a person's property is taken under Subsection |
|---|
| 42 | 42 | | (a) of this section[; and, when taken], except for the use of the |
|---|
| 43 | 43 | | State, [such] compensation as described by Subsection (a) shall |
|---|
| 44 | 44 | | be first made, or secured by a deposit of money; and no |
|---|
| 45 | 45 | | irrevocable or uncontrollable grant of special privileges or |
|---|
| 46 | 46 | | immunities[,] shall be made; but all privileges and franchises |
|---|
| 47 | 47 | | granted by the Legislature, or created under its authority, shall |
|---|
| 48 | 48 | | be subject to the control thereof. |
|---|
| 49 | 49 | | Explanation: The changes and additions are necessary to |
|---|
| 50 | 50 | | provide that on and after January 1, 2010, the legislature may |
|---|
| 51 | 51 | | enact a law granting the power of eminent domain to an entity only |
|---|
| 52 | 52 | | on a two-thirds vote of all the members elected to each house. |
|---|
| 53 | 53 | | _______________________________ |
|---|
| 54 | 54 | | President of the Senate |
|---|
| 55 | 55 | | I hereby certify that the |
|---|
| 56 | 56 | | above Resolution was adopted by |
|---|
| 57 | 57 | | the Senate on May 31, 2009. |
|---|
| 58 | 58 | | _______________________________ |
|---|
| 59 | 59 | | Secretary of the Senate |
|---|