Texas 2017 - 85th Regular

Texas Senate Bill SB786 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R3260 PMO-F
2	2	By: Nichols S.B. No. 786
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting the use of eminent domain to take private
8	8	property for recreational purposes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2206.001(c), Government Code, is amended
11	11	to read as follows:
12	12	(c) This section does not affect the authority of an entity
13	13	authorized by law to take private property through the use of
14	14	eminent domain for:
15	15	(1) transportation projects, including, but not
16	16	limited to, railroads, airports, or public roads or highways;
17	17	(2) entities authorized under Section 59, Article XVI,
18	18	Texas Constitution, including:
19	19	(A) port authorities;
20	20	(B) navigation districts; and
21	21	(C) any other conservation or reclamation
22	22	districts that act as ports;
23	23	(3) water supply, wastewater, flood control, and
24	24	drainage projects;
25	25	(4) public buildings and [,] hospitals[, and parks];
26	26	(5) the provision of utility services;
27	27	(6) a sports and community venue project approved by
28	28	voters at an election held on or before December 1, 2005, under
29	29	Chapter 334 or 335, Local Government Code;
30	30	(7) the operations of:
31	31	(A) a common carrier pipeline; or
32	32	(B) an energy transporter, as that term is
33	33	defined by Section 186.051, Utilities Code;
34	34	(8) a purpose authorized by Chapter 181, Utilities
35	35	Code;
36	36	(9) underground storage operations subject to Chapter
37	37	91, Natural Resources Code;
38	38	(10) a waste disposal project; or
39	39	(11) a library, museum, or related facility and any
40	40	infrastructure related to the facility.
41	41	SECTION 2. Subchapter A, Chapter 2206, Government Code, is
42	42	amended by adding Section 2206.003 to read as follows:
43	43	Sec. 2206.003. PROHIBITION OF USE OF EMINENT DOMAIN FOR
44	44	RECREATIONAL PURPOSES. (a) This section applies to the use of
45	45	eminent domain under the laws of this state, including a local or
46	46	special law, by any governmental or private entity, including:
47	47	(1) a state agency, including an institution of higher
48	48	education as defined by Section 61.003, Education Code;
49	49	(2) a political subdivision of this state; or
50	50	(3) a corporation created by a governmental entity to
51	51	act on behalf of the entity.
52	52	(b) Notwithstanding any other law and except as provided by
53	53	Subsection (e), a governmental or private entity may not take
54	54	private property through the use of eminent domain if the taking is
55	55	for a recreational purpose.
56	56	(c) This section does not affect the authority of an entity
57	57	authorized by law to take private property through the use of
58	58	eminent domain for a purpose listed in Section 2206.001(c) unless
59	59	the purpose is considered a recreational purpose under Subsection
60	60	(d).
61	61	(d) For the purposes of this section, "recreational
62	62	purpose" includes:
63	63	(1) a parks and recreation system, or improvements or
64	64	additions to a parks and recreation system, including sidewalks, or
65	65	an area or facility that is part of a parks and recreation system;
66	66	and
67	67	(2) a park, greenbelt, or trail.
68	68	(e) This section does not affect the authority of a
69	69	governmental entity to condemn:
70	70	(1) a leasehold estate on property owned by the
71	71	governmental entity; or
72	72	(2) property to provide adequate public recreational
73	73	access to suitable recreational resources as described by Section
74	74	16.1351, Water Code.
75	75	(f) The determination by the governmental or private entity
76	76	proposing to take the property that the taking does not involve an
77	77	act or circumstance prohibited by Subsection (b) does not create a
78	78	presumption with respect to whether the taking involves that act or
79	79	circumstance.
80	80	SECTION 3. Section 21.103(a), Parks and Wildlife Code, is
81	81	amended to read as follows:
82	82	(a) Except as provided in Subsection (b) of this section,
83	83	the department may acquire park sites, including property already
84	84	devoted to public use, by purchase [, condemnation,] or any other
85	85	manner permitted by law.
86	86	SECTION 4. Sections 13.305 and 21.103(c), Parks and
87	87	Wildlife Code, are repealed.
88	88	SECTION 5. The change in law made by this Act applies only
89	89	to the taking of private property by eminent domain for which a
90	90	condemnation petition is filed on or after the effective date of
91	91	this Act. A taking for which a condemnation petition is filed
92	92	before the effective date of this Act is governed by the law in
93	93	effect immediately before that date, and that law is continued in
94	94	effect for that purpose.
95	95	SECTION 6. This Act takes effect September 1, 2017.