H.B. No. 162 amends various sections of the Government, Human Resources, Local Government, and Water Codes to restrict the exercise of eminent domain by political subdivisions in Texas. The bill specifies that political subdivisions may not acquire property through eminent domain outside their boundaries, with several sections explicitly stating that property must be located within the corporate limits of the municipality or the boundaries of the political subdivision. For instance, Section 1505.114(a) now allows municipalities to exercise eminent domain only for property inside their corporate boundaries, and new Section 2206.003 prohibits any political subdivision from taking property located outside its boundaries.
Additionally, the bill introduces several amendments that clarify the limitations on the use of eminent domain for various governmental entities, including counties and municipalities. For example, the amendments to the Local Government Code ensure that acquisitions through condemnation can only occur for properties located within the respective boundaries of the political subdivisions. The changes apply only to condemnation petitions filed after the effective date of the Act, which is set for 91 days following the end of the legislative session.
Statutes affected: Introduced: Government Code 1505.114, Human Resources Code 63.017, Local Government Code 241.903, Local Government Code 251.001, Local Government Code 273.001, Local Government Code 280.001, Local Government Code 281.050, Local Government Code 331.001, Local Government Code 552.002, Local Government Code 552.011, Local Government Code 552.012, Natural Resources Code 221.021, Transportation Code 22.011, Water Code 30.033, Water Code 49.222, Water Code 57.269 (Water Code 49, Natural Resources Code 221, Local Government Code 273, Local Government Code 281, Water Code 57, Local Government Code 241, Local Government Code 251, Water Code 30, Local Government Code 280, Local Government Code 331, Government Code 1505, Transportation Code 22, Local Government Code 552, Human Resources Code 63)