82R10916 AJA-D
By: Coleman H.B. No. 3198
A BILL TO BE ENTITLED
AN ACT
relating to the exercise of eminent domain authority by certain
charitable corporations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Chapter 178 (S.B. 289), Acts of the
56th Legislature, Regular Session, 1959 (Article 3183b-1, Vernon's
Texas Civil Statutes), is amended to read as follows:
Sec. 1. Except as provided by this section, and
notwithstanding any other law, any [Any] nonprofit corporation
incorporated under the laws of this state for purely charitable
purposes and which is directly affiliated or associated with a
medical center having a medical school recognized by the Council on
Medical Education and Hospitals of the American Medical Association
as an integral part of its establishment, and which has for a
purpose of its incorporation the provision or support of medical
facilities or services for the use and benefit of the public, and
which is situated in any county of this state having a population in
excess of six hundred thousand (600,000) inhabitants according to
the most recent Federal Census shall have the power of eminent
domain and condemnation for the purposes set forth in Section 2 and
Section 3 of this Act. A charitable corporation described by this
section may not exercise the power of eminent domain and
condemnation to acquire a detached, single-family residential
property or a multifamily residential property that contains eight
or fewer dwelling units.
SECTION 2. Section 1, Chapter 178 (S.B. 289), Acts of the
56th Legislature, Regular Session, 1959 (Article 3183b-1, Vernon's
Texas Civil Statutes), as amended by this Act, applies only to a
condemnation in which a condemnation petition is filed on or after
the effective date of this Act. A condemnation in which a
condemnation petition is filed before the effective date of this
Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.