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Amend HB 2006 (Senate committee printing) as follows:
(1) In SECTION 2 of the bill, immediately following added
Section 2206.051, Government Code (page 5, between lines 26 and
27), insert the following:
(f) This subsection applies only to an authority created
under Chapter 451, Transportation Code, that operates in an area in
which the principal municipality has a population of 1.9 million or
more. Notwithstanding any other law, an authority to which this
subsection applies may not take private property through the use of
eminent domain if the taking of the property is related to the
construction of a segment of a fixed guideway transit system,
including a light rail or bus rapid transit segment, authorized by
the voters of the authority and:
(1) the planned route of the segment as approved in the
ballot proposition submitted to the voters is changed by the
authority after approval of the ballot proposition by the voters;
or
(2) the ballot proposition submitted to the voters did
not specifically describe the route of the segment.
(g) If a court in which a condemnation proceeding is
initiated under Chapter 21, Property Code, determines that the
condemnation proceeding was initiated in violation of Subsection
(f), the court shall:
(1) determine that the condemnor does not have the
right to condemn;
(2) dismiss the condemnation proceeding; and
(3) order the condemnor to pay all costs of the
condemnation proceeding, including all reasonable attorney's fees
incurred by the owner.
(2) In SECTION 2 of the bill, immediately following added
Section 2206.103, Government Code (page 6, between lines 4 and 5),
insert the following:
(f) This subsection applies only to an authority created
under Chapter 451, Transportation Code, that operates in an area in
which the principal municipality has a population of 1.9 million or
more. Notwithstanding any other law, an authority to which this
subsection applies may not vote to authorize the initiation of
condemnation proceedings under this section if the proposed
condemnation proceedings are related to the construction of a
segment of a fixed guideway transit system, including a light rail
or bus rapid transit segment, authorized by the voters of the
authority and:
(1) the planned route of the segment as approved in the
ballot proposition submitted to the voters is changed by the
authority after approval of the ballot proposition by the voters;
or
(2) the ballot proposition submitted to the voters did
not specifically describe the route of the segment.
(g) If a court in which a condemnation proceeding is
initiated under Chapter 21, Property Code, determines that the
condemnation proceeding was authorized or initiated in violation of
Subsection (f), the court shall:
(1) determine that the condemnor does not have the
right to condemn;
(2) dismiss the condemnation proceeding; and
(3) order the condemnor to pay all costs of the
condemnation proceeding, including all reasonable attorney's fees
incurred by the owner.
(3) In SECTION 17 of the bill, strike Subsection (b) (page
16, lines 35-43) and substitute the following:
(b) Except as provided by this section, the changes in law
made by Chapter 2206, Government Code, and Chapter 21, Property
Code, as amended by this Act, apply only to a condemnation
proceeding in which the 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 petition is
filed before the effective date of this Act and any property
condemned through the proceeding is governed by the law in effect
immediately before that date, and that law is continued in effect
for that purpose.
(c) Section 2206.051, Government Code, as added by this Act,
applies to a condemnation proceeding in which the petition is filed
on or after the effective date of this Act or a condemnation
proceeding pending on the effective date of this Act in which the
petition was filed on or after May 15, 2007.
(d) Section 2206.103, Government Code, as added by this Act,
applies to a condemnation proceeding authorized or initiated on or
after May 15, 2007.