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In this the 80th
Regular Session of the Texas Legislature
a House Joint
Resolution 11 has been proposed by Rep. Frank
Corte (San Antonio).
It reads:
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A JOINT RESOLUTION
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proposing a constitutional
amendment to limit the public taking of
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private property. |
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BE IT RESOLVED BY THE
LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 or
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destroyed for or applied to
public use without adequate and just |
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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 necessary for the |
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possession, occupation, and
enjoyment of the property by the public
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at large or by the State or a
political subdivision of the State; |
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and, when taken, except for the
use of the State, such compensation |
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shall be first made, or secured
by a deposit of money; and no |
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irrevocable or uncontrollable
grant of special privileges or |
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immunities[,] shall be
made; but all privileges and franchises |
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granted by the Legislature, or
created under its authority, |
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shall |
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be subject to the control
thereof. |
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(b) The State or a
political subdivision of the State that
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takes, damages, or destroys
property must prove by clear and |
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convincing evidence that the
contemplated use of the property is |
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public and necessary at the time
an attempt is made to take, damage, |
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or destroy the property. Whether
the contemplated use is in fact |
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public and necessary shall be a
judicial question. |
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SECTION 2. This proposed
constitutional amendment shall be |
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submitted to the voters at an
election to be held November 6, 2007. |
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The ballot shall be printed to
permit voting for or against the |
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proposition: "The constitutional
amendment to limit the power of |
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the state and political
subdivisions to take property in certain
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circumstances where the use is
public and necessary, which shall be |
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a judicial question." |
Background:
The House and Senate of the State of Texas, while
meeting in regular session (77th ), adopted
a number of joint resolutions that propose
amendments to the state constitution; and
- Each of these joint resolutions was adopted by a
vote of two-thirds of all the members elected to
each house of the legislature;
- Each of these joint resolutions was signed by
the governor, and
- 19 of these joint resolutions adopted by the
legislature and signed by the governor;
- Set the date of the election for citizens to
vote on these ballot propositions on November 6,
2001
PROPOSITION 15 (SJR 16)
http://www.legis.state.tx.us/tlodocs/77R/billtext/html/SJ00016I.htm
"The constitutional amendment creating the Texas
Mobility Fund and authorizing grants and loans of money
and issuance of obligations for financing the
construction, reconstruction, acquisition, operation,
and expansion of state highways, turnpikes, toll roads,
toll bridges, and other mobility projects." 
Enrolled Bill Summary - http://www.legis.state.tx.us/BillLookup/BillSummary.aspx?LegSess=77R&Bill=SJR16
Cast of characters included: Author:
Senator Florence Shapiro / House Sponsor: Kenneth 'Kim'
Brimer (now Senate): BOTH Present Members of SENATE
Transportation & Homeland Security Cmte.
Witness lists: Senate
-
http://www.legis.state.tx.us/tlodocs/77R/witlistbill/html/SJ00016S.htm &
House -
http://www.legis.state.tx.us/tlodocs/77R/witlistbill/html/SJ00016H.htm
