By: Duncan S.R. No. 1108
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 81st
Legislature, Regular Session, 2009, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Joint Resolution No. 14 (constitutional amendments
limiting the public taking of private property, establishing the
national research university fund to fund emerging research
universities, and eliminating the higher education fund) to
consider and take action on the following matter:
Senate Rules 12.03(1) and (4) are suspended to allow the
conference committee to change and add text on a matter that is
not in disagreement in proposed amendments to Section 17, Article
I, Texas Constitution, so that the proposed Section 17 reads as
follows:
SECTION 1.01. 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 only if the taking, damage, or destruction is for:
(1) the ownership, use, and enjoyment of the
property, notwithstanding an incidental use, by:
(A) the State, a political subdivision of the
State, or the public at large; or
(B) an entity granted the power of eminent
domain under law; or
(2) the elimination of urban blight on a particular
parcel of property.
(b) In this section, "public use" does not include the
taking of property under Subsection (a) of this section for
transfer to a private entity for the primary purpose of economic
development or enhancement of tax revenues.
(c) On or after January 1, 2010, the legislature may
enact a general, local, or special law granting the power of
eminent domain to an entity only on a two-thirds vote of all the
members elected to each house.
(d) When a person's property is taken under Subsection
(a) of this section[; and, when taken], except for the use of the
State, [such] compensation as described by Subsection (a) 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.
Explanation: The changes and additions are necessary to
provide that on and after January 1, 2010, the legislature may
enact a law granting the power of eminent domain to an entity only
on a two-thirds vote of all the members elected to each house.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 31, 2009.
_______________________________
Secretary of the Senate