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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the use of eminent domain to take private |
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property for recreational purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2206, Government Code, is amended by |
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adding Section 2206.002 to read as follows: |
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Sec. 2206.002. PROHIBITION OF EMINENT DOMAIN FOR |
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RECREATIONAL PURPOSES. (a) This section applies to the use of |
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eminent domain under the laws of this state, including a local or |
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special law, by any governmental or private entity, including: |
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(1) a state agency, including an institution of higher |
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education as defined by Section 61.003, Education Code; |
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(2) a political subdivision of this state; or |
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(3) a corporation created by a governmental entity to |
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act on behalf of the entity. |
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(b) Notwithstanding any other law, a governmental or |
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private entity may not take private property through the use of |
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eminent domain if the taking is for a recreational purpose. |
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(c) This section does not affect the authority of an entity |
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authorized by law to take private property through the use of |
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eminent domain for a purpose listed in Section 2206.001(c) unless |
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the purpose is considered a recreational purpose under Subsection |
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(d). |
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(d) For the purposes of this section, "recreational |
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purpose" includes: |
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(1) a parks and recreation system, or improvements or |
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additions to a parks and recreation system, including sidewalks, or |
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an area or facility that is part of a parks and recreation system; |
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and |
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(2) a park, greenbelt, or trail. |
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(e) This section does not affect the authority of a |
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governmental entity to condemn a leasehold estate on property owned |
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by the governmental entity. |
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(f) The determination by the governmental or private entity |
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proposing to take the property that the taking does not involve an |
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act or circumstance prohibited by Subsection (b) does not create a |
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presumption with respect to whether the taking involves that act or |
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circumstance. |
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SECTION 2. Section 21.103(a), Parks and Wildlife Code, is |
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amended to read as follows: |
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(a) Except as provided in Subsection (b) of this section, |
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the department may acquire park sites, including property already |
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devoted to public use, by purchase [, condemnation,] or any other |
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manner permitted by law. |
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SECTION 3. Sections 13.305 and 21.103(c), Parks and |
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Wildlife Code, are repealed. |
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SECTION 4. The change in law made by this Act applies only |
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to the taking of private property by eminent domain for which a |
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condemnation petition is filed on or after the effective date of |
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this Act. A taking for which a condemnation petition is filed |
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before the effective date of this Act is governed by the law in |
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effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |