82R413 ALL-F
By: West S.B. No. 148
A BILL TO BE ENTITLED
AN ACT
relating to a limitation on the use of the power of eminent domain
by certain water districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 51, Water Code, is amended
by adding Section 51.197 to read as follows:
Sec. 51.197. LIMITATION ON USE OF EMINENT DOMAIN. A
district may not exercise the power of eminent domain outside the
district boundaries.
SECTION 2. Subchapter D, Chapter 53, Water Code, is amended
by adding Section 53.108 to read as follows:
Sec. 53.108. LIMITATION ON USE OF EMINENT DOMAIN. A
district may not exercise the power of eminent domain outside the
district boundaries.
SECTION 3. Section 54.209, Water Code, is amended to read as
follows:
Sec. 54.209. LIMITATION ON USE OF EMINENT DOMAIN. A
district may not exercise the power of eminent domain outside the
district boundaries [to acquire:
[(1) a site for a water treatment plant, water storage
facility, wastewater treatment plant, or wastewater disposal
plant;
[(2) a site for a park, swimming pool, or other
recreational facility except a trail;
[(3) a site for a trail on real property designated as
a homestead as defined by Section 41.002, Property Code; or
[(4) an exclusive easement through a county regional
park].
SECTION 4. The changes in law made by this Act apply only to
a condemnation proceeding in which the petition is filed on or after
the effective date of this Act. A condemnation proceeding in which
the petition is filed before the effective date of this Act is
governed by the law in effect on the date the petition was filed,
and that law is continued in effect for that purpose.
SECTION 5. 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.