H.B. No. 1208

relating to a limitation on the use of eminent domain by certain conservation and reclamation districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 54, Water Code, is amended by adding Section 54.209 to read as follows: Sec. 54.209. LIMITATION ON USE OF EMINENT DOMAIN. A district may not exercise the power of eminent domain outside the district boundaries to acquire: (1) a site for a water treatment plant, water storage facility, wastewater treatment plant, or wastewater disposal plant; (2) a site for a park, swimming pool, or other recreational facility except a trail; (3) a site for a trail on real property designated as a homestead as defined by Section 41.002, Property Code; or (4) an exclusive easement through a county regional park. SECTION 2. Section 4.08, Chapter 1029, Acts of the 76th Legislature, Regular Session, 1999, is amended by adding Subsection (f) to read as follows: (f) Section 54.209, Water Code, does not apply to the district. SECTION 3. The change in law made by this Act does not affect an eminent domain action initiated before the effective date of this Act. Such an action is governed by the law in effect when the action was initiated, and the former law is continued in effect for that purpose. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1208 was passed by the House on May 4, 2005, by the following vote: Yeas 142, Nays 1, 1 present, not voting; and that the House concurred in Senate amendments to H.B. No. 1208 on May 26, 2005, by the following vote: Yeas 143, Nays 0, 2 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 1208 was passed by the Senate, with amendments, on May 23, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: __________________ Date __________________ Governor