HBA-MPA H.B. 716 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 716
By: Bosse
Land & Resource Management
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law allows municipalities or certain political
subdivisions to use the power of eminent domain to acquire public or
private property.  Several of these proceedings have involved condemnation
of property for the purpose of acquiring property to establish or expand a
retail facility, and have resulted in lawsuits by the condemnees on the
basis of a violation of their constitutional property rights.  H.B. 716
limits the ability of municipalities, counties, school districts, special
purpose districts or authorities, or other political subdivisions of the
state, and any agency, subdivision or instrumentality of any such entity,
from exercising the right of eminent domain if the purpose of acquiring the
property is to establish or expand a retail facility.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 273, Local Government Code, by adding Section
273.0011, as follows: 

Sec. 273.0011.  ACQUISITION OF PROPERTY PROHIBITED IN CERTAIN
CIRCUMSTANCES.  Defines "local government entity."  Prohibits a local
government entity from exercising the power of eminent domain to  acquire
public or private property for the purpose of economic development to
establish or expand a retail sales business establishment. 

SECTION 2.  Emergency clause.
            Effective date: upon passage.