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 municipalities and other political subdivisions may only acquire property through eminent domain if it is located within their corporate or boundary limits. Notably, the bill introduces new provisions that explicitly prohibit the taking of public or private property outside the political subdivision's boundaries, thereby limiting the scope of eminent domain authority. For instance, Section 2206.003 states that a political subdivision cannot take property outside its boundaries, and similar restrictions are applied across multiple sections of the Local Government Code.
Additionally, the bill modifies existing language to clarify that property acquired through eminent domain must be located within the respective political subdivision's boundaries. This includes amendments to sections concerning the acquisition of property for various public uses, such as water systems and public utilities, ensuring that all such acquisitions adhere to the new limitations. The changes will only apply to condemnation petitions filed after the bill's effective date, which is set for the 91st day 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 (Natural Resources Code 221, Government Code 1505, Local Government Code 331, Transportation Code 22, Local Government Code 241, Water Code 49, Local Government Code 281, Local Government Code 552, Human Resources Code 63, Local Government Code 280, Water Code 30, Water Code 57, Local Government Code 251, Local Government Code 273)