Texas 2011 - 82nd Regular

Texas House Bill HB365 Compare Versions

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1	1	By: Turner, Bohac (Senate Sponsor - Ellis) H.B. No. 365
2	2	(In the Senate - Received from the House April 14, 2011;
3	3	April 26, 2011, read first time and referred to Committee on State
4	4	Affairs; May 17, 2011, reported favorably by the following vote:
5	5	Yeas 9, Nays 0; May 17, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the use of eminent domain authority by certain
11	11	municipalities to take abandoned multi-family rental buildings.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 2206.001, Government Code, is amended by
14	14	adding Subsection (b-1) to read as follows:
15	15	(b-1) Subsection (b)(3) does not prohibit the taking of
16	16	private property through the use of eminent domain for economic
17	17	development purposes if the economic development is a secondary
18	18	purpose resulting from the elimination of urban blight under
19	19	Subchapter J, Chapter 214, Local Government Code. This subsection
20	20	expires December 31, 2016.
21	21	SECTION 2. Chapter 214, Local Government Code, is amended
22	22	by adding Subchapter J to read as follows:
23	23	SUBCHAPTER J. EMINENT DOMAIN AUTHORITY OF CERTAIN MUNICIPALITIES TO
24	24	TAKE ABANDONED MULTI-FAMILY RENTAL BUILDINGS
25	25	Sec. 214.401. APPLICABILITY OF SUBCHAPTER. This subchapter
26	26	applies only to a municipality with a population of more than 1.9
27	27	million.
28	28	Sec. 214.402. DEFINITION. In this subchapter,
29	29	"multi-family rental building" has the meaning assigned by Section
30	30	214.219.
31	31	Sec. 214.403. EMINENT DOMAIN AUTHORITY. A municipality may
32	32	take a multi-family rental building through the use of eminent
33	33	domain for the purpose of the elimination of urban blight if a tract
34	34	or unit of real property on which the multi-family rental building
35	35	sits presents the following conditions for at least one year after
36	36	the date on which notice of the conditions is reasonably attempted
37	37	to be provided to the property owner:
38	38	(1) all lawful occupation of or construction activity
39	39	for the building has ceased;
40	40	(2) the property contains uninhabitable, unsafe, and
41	41	unsanitary units that are not fit for their intended use because the
42	42	utilities, sewerage, plumbing, or heating or a similar service or
43	43	facility of the units has been destroyed, removed, or rendered
44	44	ineffective; and
45	45	(3) the property has been the location of
46	46	substantiated and repeated illegal activity of which the property
47	47	owner knew or should have known.
48	48	Sec. 214.404. EXPIRATION OF SUBCHAPTER. This subchapter
49	49	expires December 31, 2016.
50	50	SECTION 3. The change in law made by this Act applies only
51	51	to a condemnation proceeding in which the condemnation petition is
52	52	filed on or after the effective date of this Act and to any property
53	53	condemned through the proceeding. A condemnation proceeding in
54	54	which the condemnation petition is filed before the effective date
55	55	of this Act and any property condemned through the proceeding are
56	56	governed by the law in effect immediately before the effective date
57	57	of this Act, and that law is continued in effect for that purpose.
58	58	SECTION 4. This Act takes effect September 1, 2011.
59	59	* * * * *