85R6282 AJA-D
By: Kolkhorst S.B. No. 555
A BILL TO BE ENTITLED
AN ACT
relating to the entry of real property under a claim of eminent
domain authority; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2206, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. ACTIVITIES RELATING TO EXERCISE OF EMINENT DOMAIN
AUTHORITY
Sec. 2206.210. OFFENSE: ENTRY OF PROPERTY UNDER CLAIM OF
EMINENT DOMAIN AUTHORITY. (a) A person commits an offense if the
person:
(1) enters or attempts to enter the real property of
another; and
(2) at the time of the entry or attempted entry,
asserts that the entry is authorized by or requested in connection
with eminent domain authority of an entity the person represents or
claims to represent that does not possess that eminent domain
authority.
(b) Proof of a culpable mental state under Subsection (a)(2)
is not required for a conviction of an offense under this section.
(c) An offense under this section is a state jail felony.
SECTION 2. This Act takes effect September 1, 2017.