Action Alert:

Special Session I — Legislation/Constitutional Amendments Filed to Protect Texans from Kelo Decision

July 21, 2005

House Joint Resolution 19, recently filed by Representative Frank Corte of San Antonio, places restrictions on the “takings power” of local and state governments thereby plugging the hole created by the Supreme Court’s Kelo decision. The HJR places an amendment to the Texas Constitution on the November 8, 2005 ballot that will eliminate this risk to private property created by the Supreme Court’s startling pronouncement.

Likewise, Senators Robert Deuell, Jeff Wentworth, Jane Nelson filed SJR 10, a companion to HJR 19, and Senator Kyle Janek has filed SJR 9. Sen. Janek has also filed SB 62, which addresses the issue by statute rather than by constitutional amendment.

Passage of the House and Senate Joint Resolutions requires 100 representatives and 21 Senators in support. By demonstrating deep and broad support for this amendment, we will help to ensure this issue is added to the special session call by Governor Perry, will be on the November 8, 2005 ballot, and will win a majority vote.