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A JOINT RESOLUTION
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proposing constitutional amendments limiting the public taking of |
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private property, establishing the national research university |
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fund to fund emerging research universities, and eliminating the |
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higher education fund. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. |
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SECTION 1.01. Section 17, Article I, Texas Constitution, is |
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amended to read as follows: |
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Sec. 17. (a) No person's property shall be taken, damaged, |
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or destroyed for or applied to public use without adequate |
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compensation being made, unless by the consent of such person, and |
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only if the taking, damage, or destruction is for: |
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(1) the ownership, use, and enjoyment of the property, |
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notwithstanding an incidental use, by: |
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(A) the State, a political subdivision of the |
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State, or the public at large; or |
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(B) an entity granted the power of eminent domain |
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under law; or |
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(2) the elimination of urban blight on a particular |
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parcel of property. |
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(b) In this section, "public use" does not include the |
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taking of property under Subsection (a) of this section for |
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transfer to a private entity for the primary purpose of economic |
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development or enhancement of tax revenues. |
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(c) On or after January 1, 2010, the legislature may enact a |
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general, local, or special law granting the power of eminent domain |
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to an entity only on a two-thirds vote of all the members elected to |
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each house. |
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(d) When a person's property is taken under Subsection (a) |
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of this section [; and, when taken], except for the use of the |
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State, [such] compensation as described by Subsection (a) shall be |
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first made, or secured by a deposit of money; and no irrevocable or |
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uncontrollable grant of special privileges or immunities[,] shall |
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be made; but all privileges and franchises granted by the |
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Legislature, or created under its authority, shall be subject to |
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the control thereof. |
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SECTION 1.02. The constitutional amendment proposed in this |
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article shall be submitted to the voters at an election to be held |
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November 3, 2009. The ballot shall be printed to permit voting for |
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or against the proposition: "The constitutional amendment to |
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prohibit the taking, damaging, or destroying of private property |
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for public use unless the action is for the ownership, use, and |
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enjoyment of the property by the State, a political subdivision of |
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the State, the public at large, or entities granted the power of |
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eminent domain under law or for the elimination of urban blight on a |
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particular parcel of property, but not for certain economic |
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development or enhancement of tax revenue purposes, and to limit |
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the legislature's authority to grant the power of eminent domain to |
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an entity." |
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ARTICLE 2. |
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SECTION 2.01. Article VII, Texas Constitution, is amended |
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by adding Section 20 to read as follows: |
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Sec. 20. (a) There is established the national research |
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university fund for the purpose of providing a dedicated, |
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independent, and equitable source of funding to enable emerging |
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research universities in this state to achieve national prominence |
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as major research universities. |
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(b) The fund consists of money transferred or deposited to |
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the credit of the fund and any interest or other return on the |
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investment assets of the fund. The legislature may dedicate state |
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revenue to the credit of the fund. |
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(c) The legislature shall provide for administration of the |
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fund, which shall be invested in the manner and according to the |
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standards provided for investment of the permanent university fund. |
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The expenses of managing the investments of the fund shall be paid |
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from the fund. |
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(d) In each state fiscal biennium, the legislature may |
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appropriate as provided by Subsection (f) of this section all or a |
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portion of the total return on all investment assets of the fund to |
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carry out the purposes for which the fund is established. |
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(e) The legislature biennially shall allocate the amounts |
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appropriated under this section, or shall provide for a biennial |
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allocation of those amounts, to eligible state universities to |
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carry out the purposes of the fund. The money shall be allocated |
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based on an equitable formula established by the legislature or an |
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agency designated by the legislature. The legislature shall review |
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and as appropriate adjust, or provide for a review and adjustment, |
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of the allocation formula at the end of each state fiscal biennium. |
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(f) The portion of the total return on investment assets of |
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the fund that is available for appropriation in a state fiscal |
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biennium under this section is the portion determined by the |
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legislature, or an agency designated by the legislature, as |
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necessary to provide as nearly as practicable a stable and |
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predictable stream of annual distributions to eligible state |
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universities and to maintain over time the purchasing power of fund |
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investment assets. If the purchasing power of fund investment |
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assets for any rolling 10-year period is not preserved, the |
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distributions may not be increased until the purchasing power of |
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the fund investment assets is restored. The amount appropriated |
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from the fund in any fiscal year may not exceed an amount equal to |
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seven percent of the average net fair market value of the investment |
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assets of the fund, as determined by law. Until the fund has been |
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invested for a period of time sufficient to determine the |
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purchasing power over a 10-year period, the legislature may provide |
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by law for means of preserving the purchasing power of the fund. |
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(g) The legislature shall establish criteria by which a |
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state university may become eligible to receive a portion of the |
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distributions from the fund. A state university that becomes |
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eligible to receive a portion of the distributions from the fund in |
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a state fiscal biennium remains eligible to receive additional |
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distributions from the fund in any subsequent state fiscal |
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biennium. The University of Texas at Austin and Texas A&M |
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University are not eligible to receive money from the fund. |
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(h) An eligible state university may use distributions from |
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the fund only for the support and maintenance of educational and |
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general activities that promote increased research capacity at the |
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university. |
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SECTION 2.02. Subsection (i), Section 17, Article VII, |
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Texas Constitution, is repealed. |
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SECTION 2.03. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 81st Legislature, |
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Regular Session, 2009, establishing the national research |
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university fund to enable emerging research universities in this |
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state to achieve national prominence as major research universities |
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and transferring the balance of the higher education fund to the |
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national research university fund. |
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(b) The amendment to add Section 20 to Article VII of this |
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constitution and to repeal Section 17(i), Article VII, of this |
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constitution takes effect January 1, 2010. |
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(c) On January 1, 2010, any amount in or payable to the |
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credit of the higher education fund established by Section 17(i), |
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Article VII, Texas Constitution, shall be transferred to the credit |
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of the national research university fund. |
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(d) This temporary provision expires January 1, 2011. |
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SECTION 2.04. The constitutional amendment proposed by this |
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Article shall be submitted to the voters at an election to be held |
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November 3, 2009. The ballot shall be printed to permit voting for |
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or against the proposition: "The constitutional amendment |
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establishing the national research university fund to enable |
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emerging research universities in this state to achieve national |
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prominence as major research universities and transferring the |
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balance of the higher education fund to the national research |
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university fund." |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.J.R. No. 14 was passed by the House on May |
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11, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.J.R. No. 14 on May 29, 2009, by a non-record vote, and requested |
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the appointment of a conference committee to consider the |
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differences between the two houses; and that the House adopted the |
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conference committee report on H.J.R. No. 14 on May 31, 2009, by the |
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following vote: Yeas 146, Nays 0, 1 present, not voting; and that |
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the House adopted H.C.R. No. 285 authorizing certain corrections in |
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H.J.R. No. 14 on June 1, 2009, by the following vote: Yeas 143, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.J.R. No. 14 was passed by the Senate, with |
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amendments, on May 25, 2009, by the following vote: Yeas 30, Nays |
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1; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.J.R. |
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No. 14 on May 31, 2009, by the following vote: Yeas 31, Nays 0; and |
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that the Senate adopted H.C.R. No. 285 authorizing certain |
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corrections in H.J.R. No. 14 on June 1, 2009, by the following |
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vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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RECEIVED: __________________ |
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Date |
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__________________ |
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Secretary of State |