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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of eminent domain authority by certain |
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municipalities to take abandoned multi-family rental buildings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2206.001(b), Government Code, is amended |
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to read as follows: |
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(b) A governmental or private entity may not take private |
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property through the use of eminent domain if the taking: |
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(1) confers a private benefit on a particular private |
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party through the use of the property; |
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(2) is for a public use that is merely a pretext to |
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confer a private benefit on a particular private party; or |
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(3) is for economic development purposes, unless the |
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economic development is a secondary purpose resulting from: |
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(A) municipal community development or municipal |
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urban renewal activities to eliminate an existing affirmative harm |
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on society from slum or blighted areas under: |
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(i) [(A)] Chapter 373 or 374, Local |
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Government Code, other than an activity described by Section |
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373.002(b)(5), Local Government Code; or |
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(ii) [(B)] Section 311.005(a)(1)(I), Tax |
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Code; or |
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(B) the elimination of urban blight under |
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Subchapter J, Chapter 214, Local Government Code. |
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SECTION 2. Chapter 214, Local Government Code, is amended |
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by adding Subchapter J to read as follows: |
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SUBCHAPTER J. EMINENT DOMAIN AUTHORITY OF CERTAIN MUNICIPALITIES TO |
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TAKE ABANDONED MULTI-FAMILY RENTAL BUILDINGS |
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Sec. 214.401. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a municipality with a population of more than 1.9 |
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million. |
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Sec. 214.402. DEFINITION. In this subchapter, |
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"multi-family rental building" has the meaning assigned by Section |
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214.219. |
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Sec. 214.403. EMINENT DOMAIN AUTHORITY. A municipality may |
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take a multi-family rental building through the use of eminent |
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domain if: |
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(1) all lawful occupation of or construction activity |
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for the building has ceased, or reasonably appears to have ceased, |
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for more than 365 consecutive days; and |
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(2) the taking is for the elimination of urban blight |
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on the particular parcel of property on which the building is |
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located. |
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SECTION 3. The change in law made by this Act applies only |
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to a condemnation proceeding in which the condemnation petition is |
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filed on or after the effective date of this Act and to any property |
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condemned through the proceeding. A condemnation proceeding in |
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which the condemnation petition is filed before the effective date |
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of this Act and any property condemned through the proceeding are |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |