85R3260 PMO-F
By: Nichols S.B. No. 786
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the use of eminent domain to take private
property for recreational purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2206.001(c), Government Code, is amended
to read as follows:
(c) This section does not affect the authority of an entity
authorized by law to take private property through the use of
eminent domain for:
(1) transportation projects, including, but not
limited to, railroads, airports, or public roads or highways;
(2) entities authorized under Section 59, Article XVI,
Texas Constitution, including:
(A) port authorities;
(B) navigation districts; and
(C) any other conservation or reclamation
districts that act as ports;
(3) water supply, wastewater, flood control, and
drainage projects;
(4) public buildings and [,] hospitals[, and parks];
(5) the provision of utility services;
(6) a sports and community venue project approved by
voters at an election held on or before December 1, 2005, under
Chapter 334 or 335, Local Government Code;
(7) the operations of:
(A) a common carrier pipeline; or
(B) an energy transporter, as that term is
defined by Section 186.051, Utilities Code;
(8) a purpose authorized by Chapter 181, Utilities
Code;
(9) underground storage operations subject to Chapter
91, Natural Resources Code;
(10) a waste disposal project; or
(11) a library, museum, or related facility and any
infrastructure related to the facility.
SECTION 2. Subchapter A, Chapter 2206, Government Code, is
amended by adding Section 2206.003 to read as follows:
Sec. 2206.003. PROHIBITION OF USE OF EMINENT DOMAIN FOR
RECREATIONAL PURPOSES. (a) This section applies to the use of
eminent domain under the laws of this state, including a local or
special law, by any governmental or private entity, including:
(1) a state agency, including an institution of higher
education as defined by Section 61.003, Education Code;
(2) a political subdivision of this state; or
(3) a corporation created by a governmental entity to
act on behalf of the entity.
(b) Notwithstanding any other law and except as provided by
Subsection (e), a governmental or private entity may not take
private property through the use of eminent domain if the taking is
for a recreational purpose.
(c) This section does not affect the authority of an entity
authorized by law to take private property through the use of
eminent domain for a purpose listed in Section 2206.001(c) unless
the purpose is considered a recreational purpose under Subsection
(d).
(d) For the purposes of this section, "recreational
purpose" includes:
(1) a parks and recreation system, or improvements or
additions to a parks and recreation system, including sidewalks, or
an area or facility that is part of a parks and recreation system;
and
(2) a park, greenbelt, or trail.
(e) This section does not affect the authority of a
governmental entity to condemn:
(1) a leasehold estate on property owned by the
governmental entity; or
(2) property to provide adequate public recreational
access to suitable recreational resources as described by Section
16.1351, Water Code.
(f) The determination by the governmental or private entity
proposing to take the property that the taking does not involve an
act or circumstance prohibited by Subsection (b) does not create a
presumption with respect to whether the taking involves that act or
circumstance.
SECTION 3. Section 21.103(a), Parks and Wildlife Code, is
amended to read as follows:
(a) Except as provided in Subsection (b) of this section,
the department may acquire park sites, including property already
devoted to public use, by purchase [, condemnation,] or any other
manner permitted by law.
SECTION 4. Sections 13.305 and 21.103(c), Parks and
Wildlife Code, are repealed.
SECTION 5. The change in law made by this Act applies only
to the taking of private property by eminent domain for which a
condemnation petition is filed on or after the effective date of
this Act. A taking for which a condemnation petition is filed
before the effective date of this Act is governed by the law in
effect immediately before that date, and that law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2017.