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