Texas 2009 - 81st Regular

Texas Senate Bill SB18 Compare Versions

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1	1	2009S0001-1 09/22/08
2	2	By: Estes S.B. No. 18
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of eminent domain authority.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 2206, Government Code, is amended to
10	10	read as follows:
11	11	CHAPTER 2206. [LIMITATIONS ON USE OF] EMINENT DOMAIN
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 2206.001. DEFINITION OF PUBLIC USE. Except as
14	14	otherwise provided by this chapter, "public use," with respect to
15	15	the use of eminent domain authority, means a use of property,
16	16	including a use described by Section 2206.051(c), that allows the
17	17	state, a political subdivision of the state, or the general public
18	18	of the state to possess, occupy, and enjoy the property.
19	19	SUBCHAPTER B. LIMITATIONS ON PURPOSE AND USE OF PROPERTY
20	20	ACQUIRED THROUGH EMINENT DOMAIN
21	21	Sec. 2206.051. LIMITATION ON EMINENT DOMAIN FOR PRIVATE
22	22	PARTIES OR ECONOMIC DEVELOPMENT PURPOSES. (a) This section
23	23	applies to the use of eminent domain under the laws of this state,
24	24	including a local or special law, by any governmental or private
25	25	entity, including:
26	26	(1) a state agency, including an institution of higher
27	27	education as defined by Section 61.003, Education Code;
28	28	(2) a political subdivision of this state; or
29	29	(3) a corporation created by a governmental entity to
30	30	act on behalf of the entity.
31	31	(b) A governmental or private entity may not take private
32	32	property through the use of eminent domain if the taking:
33	33	(1) confers a private benefit on a particular private
34	34	party through the use of the property;
35	35	(2) is for a public use that is merely a pretext to
36	36	confer a private benefit on a particular private party; [or]
37	37	(3) is for economic development purposes, unless the
38	38	economic development is a secondary purpose resulting from
39	39	municipal community development or municipal urban renewal
40	40	activities to eliminate an existing affirmative harm on society
41	41	from slum or blighted areas under:
42	42	(A) Chapter 373 or 374, Local Government Code,
43	43	other than an activity described by Section 373.002(b)(5), Local
44	44	Government Code; or
45	45	(B) Section 311.005(a)(1)(I), Tax Code; or
46	46	(4) is not for a public use.
47	47	(c) This section does not affect the authority of an entity
48	48	authorized by law to take private property through the use of
49	49	eminent domain for:
50	50	(1) transportation projects, including, but not
51	51	limited to, railroads, airports, or public roads or highways;
52	52	(2) entities authorized under Section 59, Article XVI,
53	53	Texas Constitution, including:
54	54	(A) port authorities;
55	55	(B) navigation districts; and
56	56	(C) any other conservation or reclamation
57	57	districts that act as ports;
58	58	(3) water supply, wastewater, flood control, and
59	59	drainage projects;
60	60	(4) public buildings, hospitals, and parks;
61	61	(5) the provision of utility services;
62	62	(6) a sports and community venue project approved by
63	63	voters at an election held on or before December 1, 2005, under
64	64	Chapter 334 or 335, Local Government Code;
65	65	(7) the operations of:
66	66	(A) a common carrier pipeline [subject to Chapter
67	67	111, Natural Resources Code, and Section B(3)(b), Article 2.01,
68	68	Texas Business Corporation Act]; or
69	69	(B) an energy transporter, as that term is
70	70	defined by Section 186.051, Utilities Code;
71	71	(8) a purpose authorized by Chapter 181, Utilities
72	72	Code;
73	73	(9) underground storage operations subject to Chapter
74	74	91, Natural Resources Code;
75	75	(10) a waste disposal project; or
76	76	(11) a library, museum, or related facility and any
77	77	infrastructure related to the facility.
78	78	(d) This section does not affect the authority of a
79	79	governmental entity to condemn a leasehold estate on property owned
80	80	by the governmental entity.
81	81	(e) The determination by the governmental or private entity
82	82	proposing to take the property that the taking does not involve an
83	83	act or circumstance prohibited by Subsection (b) does not create a
84	84	presumption with respect to whether the taking involves that act or
85	85	circumstance.
86	86	Sec. 2206.052. LIMITATIONS ON EASEMENTS. (a) A property
87	87	owner whose property is acquired through the use of eminent domain
88	88	under Chapter 21, Property Code, for the purpose of creating an
89	89	easement through that owner's property may construct streets or
90	90	roads, including a gravel, asphalt, or concrete road, at any
91	91	locations above the easement that the property owner chooses.
92	92	(b) The portion of a road constructed under this section
93	93	that is over the easement may not exceed 40 feet in width.
94	94	SUBCHAPTER C. PROCEDURES REQUIRED TO INITIATE
95	95	EMINENT DOMAIN PROCEEDINGS
96	96	Sec. 2206.101. SHORT TITLE. This subchapter may be cited as
97	97	the Truth in Condemnation Procedures Act.
98	98	Sec. 2206.102. APPLICABILITY. The procedures in this
99	99	subchapter apply only to the use of eminent domain under the laws of
100	100	this state by a governmental entity.
101	101	Sec. 2206.103. VOTE ON USE OF EMINENT DOMAIN. (a) Before a
102	102	governmental entity initiates a condemnation proceeding by filing a
103	103	petition under Section 21.012, Property Code, the governmental
104	104	entity must authorize the initiation of the condemnation
105	105	proceedings at a public meeting by a record vote. If the motion
106	106	required by Subsection (c) indicates that the first record vote
107	107	applies to all units of property to be condemned, and the minutes of
108	108	the entity reflect that the first vote applies to all of those
109	109	units, a single ordinance, resolution, or order may be adopted for
110	110	all of those units of property. If more than one member of the
111	111	governing body objects to adopting a single ordinance, resolution,
112	112	or order by a record vote for all units of property for which
113	113	condemnation proceedings are to be initiated, a separate record
114	114	vote must be taken for each unit of property.
115	115	(b) For the purposes of Subsection (a), if two or more units
116	116	of real property are owned by the same person, the governmental
117	117	entity may treat those units of property as one unit of property.
118	118	(c) The motion to adopt an ordinance, resolution, or order
119	119	authorizing the initiation of condemnation proceedings under
120	120	Chapter 21, Property Code, must be made in a form substantially
121	121	similar to the following: "I move that the (name of governmental
122	122	entity) authorize the use of the power of eminent domain to acquire
123	123	(describe the property) for (describe the public use)." The
124	124	description of the property required by this subsection is
125	125	sufficient if the description of the location of and interest in the
126	126	property that the governmental entity seeks to acquire is
127	127	substantially similar to the description that is or could properly
128	128	be used in a petition to condemn the property under Section 21.012,
129	129	Property Code.
130	130	(d) If a project for a public use described by Section
131	131	2206.051(c)(3) will require a governmental entity to acquire
132	132	multiple tracts or units of property to construct facilities
133	133	connecting one location to another location, the governing body of
134	134	the entity may adopt a single ordinance, resolution, or order by a
135	135	record vote that delegates the authority to initiate condemnation
136	136	proceedings to the chief administrative official of the
137	137	governmental entity.
138	138	(e) An ordinance, resolution, or order adopted under
139	139	Subsection (d) is not required to identify specific properties that
140	140	the governmental entity will acquire. The ordinance, resolution,
141	141	or order must identify the general area to be covered by the project
142	142	or the general route that will be used by the governmental entity
143	143	for the project in a way that provides property owners in and around
144	144	the area or along the route reasonable notice that the owners'
145	145	properties may be subject to condemnation proceedings during the
146	146	planning or construction of the project.
147	147	SECTION 2. Subchapter B, Chapter 21, Property Code, is
148	148	amended by adding Section 21.0113 to read as follows:
149	149	Sec. 21.0113. BONA FIDE OFFER REQUIRED. An entity with
150	150	eminent domain authority that wants to acquire real property for a
151	151	public use must make a bona fide offer to acquire the property from
152	152	the property owner voluntarily. A bona fide offer is an offer that
153	153	is not arbitrary or capricious and is based on a reasonably thorough
154	154	investigation and honest assessment of the amount of the just
155	155	compensation due to the landowner as a result of the taking.
156	156	SECTION 3. Subsection (b), Section 21.012, Property Code,
157	157	is amended to read as follows:
158	158	(b) The petition must:
159	159	(1) describe the property to be condemned;
160	160	(2) state the purpose for which the entity intends to
161	161	use the property;
162	162	(3) state the name of the owner of the property if the
163	163	owner is known;
164	164	(4) state that the entity and the property owner are
165	165	unable to agree on the damages; [and]
166	166	(5) if applicable, state that the entity provided the
167	167	property owner with the landowner's bill of rights statement in
168	168	accordance with Section 21.0112; and
169	169	(6) state that the entity made a bona fide offer to
170	170	acquire the property from the property owner voluntarily.
171	171	SECTION 4. Section 21.023, Property Code, is amended to
172	172	read as follows:
173	173	Sec. 21.023. DISCLOSURE OF INFORMATION REQUIRED AT TIME OF
174	174	ACQUISITION. A governmental entity shall disclose in writing to
175	175	the property owner, at the time of acquisition of the property
176	176	through eminent domain, that:
177	177	(1) the owner or the owner's heirs, successors, or
178	178	assigns are entitled to repurchase the property if the public use
179	179	for which the property was acquired through eminent domain is
180	180	canceled before the 10th anniversary of the date of acquisition;
181	181	and
182	182	(2) the repurchase price is the price paid to the owner
183	183	by the governmental entity at the time the governmental entity
184	184	acquired the property through eminent domain [fair market value of
185	185	the property at the time the public use was canceled].
186	186	SECTION 5. Subchapter B, Chapter 21, Property Code, is
187	187	amended by adding Section 21.025 to read as follows:
188	188	Sec. 21.025. PRODUCTION OF INFORMATION BY CERTAIN ENTITIES.
189	189	(a) Notwithstanding any other law, an entity that is not subject
190	190	to Chapter 552, Government Code, and is authorized by law to acquire
191	191	private property through the use of eminent domain is required to
192	192	produce information as provided by this section if the information
193	193	is:
194	194	(1) requested by a person who owns property that is the
195	195	subject of a proposed or existing eminent domain proceeding; and
196	196	(2) related to the taking of the person's private
197	197	property by the entity through the use of eminent domain.
198	198	(b) An entity described by Subsection (a) is required under
199	199	this section only to produce information relating to the
200	200	condemnation of the specific property owned by the requestor as
201	201	described in the request. A request under this section must contain
202	202	sufficient details to allow the entity to identify the specific
203	203	tract of land in relation to which the information is sought.
204	204	(c) The entity shall respond to a request in accordance with
205	205	the Texas Rules of Civil Procedure as if the request was made in a
206	206	matter pending before a state district court.
207	207	(d) Exceptions to disclosure provided by this chapter and
208	208	the Texas Rules of Civil Procedure apply to the disclosure of
209	209	information under this section.
210	210	(e) Jurisdiction to enforce the provisions of this section
211	211	resides in:
212	212	(1) the court in which the condemnation was initiated;
213	213	or
214	214	(2) if the condemnation proceeding has not been
215	215	initiated:
216	216	(A) a court that would have jurisdiction over a
217	217	proceeding to condemn the requestor's property; or
218	218	(B) a court with eminent domain jurisdiction in
219	219	the county in which the entity has its principal place of business.
220	220	(f) If the entity refuses to produce information requested
221	221	in accordance with this section and the court determines that the
222	222	refusal violates this section, the court may award the requestor's
223	223	reasonable attorney's fees incurred to compel the production of the
224	224	information.
225	225	(g) If an entity that received a request in accordance with
226	226	this section does not produce the requested information on or
227	227	before the 30th day after the request is made, the attorney general
228	228	may file an action in a court described by Subsection (e) to enforce
229	229	this section on the request of the person who made the request for
230	230	the information. If the court determines that the failure to
231	231	produce the information is a violation of this section, the court
232	232	may award the attorney general's reasonable expenses incurred to
233	233	compel the production of the information.
234	234	(h) If the attorney general files an action under Subsection
235	235	(g), the person who requested that the attorney general file the
236	236	action may not file a private action to enforce this section with
237	237	respect to the same request for information.
238	238	SECTION 6. Section 21.041, Property Code, is amended to
239	239	read as follows:
240	240	Sec. 21.041. EVIDENCE. (a) For the purposes of this
241	241	section, market value is the price a property will bring when
242	242	offered for sale by a person who desires to sell the property, but
243	243	is not obliged to sell the property, and is bought by a person who
244	244	desires to buy the property, but is not under a necessity to buy the
245	245	property.
246	246	(b) As the basis for assessing actual damages to a property
247	247	owner from a condemnation, the special commissioners shall, subject
248	248	to the Texas Rules of Evidence, admit evidence on:
249	249	(1) the market value, before the condemnation, of the
250	250	property being condemned;
251	251	(2) subject to Section 21.042, the net change to the
252	252	market value of [the injury to the property owner;
253	253	[(3) the benefit to] the property owner's remaining
254	254	property, considering both injury and benefit to the property
255	255	owner; and
256	256	(3) [(4)] the use of the property for the purpose of
257	257	the condemnation.
258	258	SECTION 7. Subsection (e), Section 21.042, Property Code,
259	259	is amended to read as follows:
260	260	(e) If a portion of a tract or parcel of real property is
261	261	condemned for the use, construction, operation, or maintenance of
262	262	the state highway system or of a county toll project described by
263	263	Chapter 284, Transportation Code, that is eligible for designation
264	264	as part of the state highway system, the special commissioners
265	265	shall consider any diminished access to the highway and to or from
266	266	the remaining property to the extent that it affects the present
267	267	market value of the real property, including any factors considered
268	268	when determining actual fair market value of property for ad
269	269	valorem tax purposes [or for the use, construction, development,
270	270	operation, or maintenance of an improvement or project by a
271	271	metropolitan rapid transit authority created before January 1,
272	272	1980, with a principal municipality having a population of less
273	273	than 1.9 million and established under Chapter 451, Transportation
274	274	Code, the special commissioners shall determine the damage to the
275	275	property owner regardless of whether the property owner makes a
276	276	claim for damages to the remaining property. In awarding
277	277	compensation or assessing the damages, the special commissioners
278	278	shall consider any special and direct benefits that arise from the
279	279	highway improvement or the transit authority improvement or project
280	280	that are peculiar to the property owner and that relate to the
281	281	property owner's ownership, use, or enjoyment of the particular
282	282	parcel of remaining real property].
283	283	SECTION 8. Subsections (a) and (b), Section 21.046,
284	284	Property Code, are amended to read as follows:
285	285	(a) A department, agency, instrumentality, or political
286	286	subdivision of this state shall [may] provide a relocation advisory
287	287	service for an individual, a family, a business concern, a farming
288	288	or ranching operation, or a nonprofit organization that [if the
289	289	service] is compatible with the Federal Uniform Relocation
290	290	Assistance Advisory Program, 23 U.S.C.A. 501, et seq.
291	291	(b) This state or a political subdivision of this state
292	292	shall [may], as a cost of acquiring real property, pay moving
293	293	expenses and rental supplements, make relocation payments, provide
294	294	financial assistance to acquire replacement housing, and
295	295	compensate for expenses incidental to the transfer of the property
296	296	if an individual, a family, the personal property of a business, a
297	297	farming or ranching operation, or a nonprofit organization is
298	298	displaced in connection with the acquisition.
299	299	SECTION 9. The heading to Section 21.047, Property Code, is
300	300	amended to read as follows:
301	301	Sec. 21.047. ASSESSMENT OF COSTS AND FEES.
302	302	SECTION 10. Section 21.047, Property Code, is amended by
303	303	adding Subsection (d) to read as follows:
304	304	(d) If a court hearing a suit under this chapter determines
305	305	that a condemning entity did not make a bona fide offer to acquire
306	306	the property from the property owner voluntarily as required by
307	307	Section 21.0113, the court shall abate the suit and order the
308	308	condemnor to make a bona fide offer. If the court finds that by
309	309	filing a petition under Section 21.012 or by filing any other motion
310	310	or pleading in the proceeding initiated by the filing of that
311	311	petition the condemnor violated Chapter 10, Civil Practice and
312	312	Remedies Code, the court shall order the condemnor to pay:
313	313	(1) all costs as provided by Subsection (a); and
314	314	(2) any reasonable attorney's fees incurred by the
315	315	owner that are directly related to the violation.
316	316	SECTION 11. Subsection (a), Section 21.101, Property Code,
317	317	is amended to read as follows:
318	318	(a) Except as provided in Subsection (b), this subchapter
319	319	applies only to a real property interest acquired by a governmental
320	320	entity other than a port that is acquiring property for deep water
321	321	navigation through eminent domain for a public use. A person from
322	322	whom the property interest is acquired or that person's heirs,
323	323	successors, or assigns are entitled to repurchase the property as
324	324	provided by this subchapter if that public use was canceled before
325	325	the 10th anniversary of the date of acquisition or the governmental
326	326	entity fails to begin the operation or construction of the project
327	327	for which the property was acquired before the 10th anniversary of
328	328	that date.
329	329	SECTION 12. Section 21.102, Property Code, is amended to
330	330	read as follows:
331	331	Sec. 21.102. NOTICE TO PREVIOUS PROPERTY OWNER AT TIME OF
332	332	CANCELLATION OF PUBLIC USE OR ON FAILURE TO BEGIN OPERATION OR
333	333	CONSTRUCTION OF PROJECT. Not later than the 180th day after the
334	334	date of the cancellation of the public use for which real property
335	335	was acquired through eminent domain from a property owner under
336	336	Subchapter B or the 180th day after the 10th anniversary of the date
337	337	on which the property was acquired if the governmental entity fails
338	338	to begin the operation or construction of the project for which the
339	339	property was acquired before the 10th anniversary of that date, the
340	340	governmental entity shall send by certified mail, return receipt
341	341	requested, to the property owner or the owner's heirs, successors,
342	342	or assigns a notice containing:
343	343	(1) an identification, which is not required to be a
344	344	legal description, of the property that was acquired;
345	345	(2) an identification of the public use for which the
346	346	property had been acquired and a statement that the public use has
347	347	been canceled or the governmental entity has failed to begin the
348	348	operation or construction of the project for which the property was
349	349	acquired; and
350	350	(3) a description of the person's right under this
351	351	subchapter to repurchase the property.
352	352	SECTION 13. Subsection (b), Section 21.103, Property Code,
353	353	is amended to read as follows:
354	354	(b) As soon as practicable after receipt of a [the]
355	355	notification under Subsection (a), the governmental entity shall
356	356	offer to sell the property interest to the person for the price paid
357	357	to the owner by the governmental entity at the time the governmental
358	358	entity acquired the property through eminent domain [fair market
359	359	value of the property at the time the public use was canceled]. The
360	360	person's right to repurchase the property expires on the 90th day
361	361	after the date on which the governmental entity makes the offer.
362	362	SECTION 14. Subchapter B, Chapter 111, Natural Resources
363	363	Code, is amended by adding Section 111.0195 to read as follows:
364	364	Sec. 111.0195. RIGHT OF EMINENT DOMAIN: ADDITIONAL
365	365	PROCEDURES. (a) This section applies only to a condemnation
366	366	proceeding initiated by a common carrier, as that term is defined by
367	367	Section 111.002.
368	368	(b) A common carrier that intends to exercise the power of
369	369	eminent domain must serve the owner of the property to be acquired
370	370	with notice that the common carrier intends to initiate
371	371	condemnation proceedings on or before the date the common carrier
372	372	files a condemnation petition.
373	373	(c) The special commissioners in an eminent domain
374	374	proceeding to which this section applies:
375	375	(1) may not schedule a hearing to assess damages
376	376	before the 30th day after the date of the special commissioners'
377	377	appointment; and
378	378	(2) must serve a property owner with notice informing
379	379	the property owner of the time and place of the hearing not later
380	380	than the 21st day before the date set for the hearing.
381	381	(d) A court that has jurisdiction over a condemnation
382	382	proceeding may appoint a replacement special commissioner if:
383	383	(1) the property owner or the common carrier objects
384	384	to the appointment of a special commissioner by filing a written
385	385	statement of the person's objections on the grounds of:
386	386	(A) a conflict of interest; or
387	387	(B) other good cause; and
388	388	(2) the court determines in a hearing that good cause
389	389	is shown.
390	390	(e) The special commissioners may delay scheduling a
391	391	hearing for a reasonable period if, by motion to the court that has
392	392	jurisdiction over the condemnation proceeding, the property owner
393	393	requests and is granted a delay by the court for good cause shown.
394	394	(f) A notice required under this section must be served by:
395	395	(1) regular mail; and
396	396	(2) certified mail, return receipt requested, to the
397	397	property owner.
398	398	(g) A common carrier has the burden of proof to establish
399	399	that notice was provided as required by Subsection (b).
400	400	SECTION 15. Subchapter G, Chapter 13, Water Code, is
401	401	amended by adding Section 13.258 to read as follows:
402	402	Sec. 13.258. EMINENT DOMAIN. (a) A water and sewer
403	403	utility that is operating in accordance with its certificate of
404	404	convenience and necessity may acquire by condemnation only
405	405	easements or lesser property interests reasonably necessary to
406	406	comply with federal and state regulations relating to sanitation.
407	407	(b) The water and sewer utility shall exercise the power of
408	408	eminent domain in the manner provided by Chapter 21, Property Code.
409	409	(c) The water and sewer utility may not exercise the power
410	410	of eminent domain to condemn land to acquire rights to underground
411	411	water or for water or water rights.
412	412	(d) A water and sewer utility may not exercise the power of
413	413	eminent domain in a municipality with a population of more than 1.7
414	414	million or in the municipality's extraterritorial jurisdiction to
415	415	condemn land in which the municipality owns a fee, easement, or
416	416	lesser property interest.
417	417	SECTION 16. Subchapter D, Chapter 101, Government Code, is
418	418	amended by adding Section 101.06151 to read as follows:
419	419	Sec. 101.06151. DISTRICT COURT FEES AND COSTS: PROPERTY
420	420	CODE. The clerk of a district court shall collect fees and costs
421	421	under the Property Code as follows:
422	422	(1) court costs for each special commissioner in an
423	423	eminent domain proceeding (Sec. 21.047, Property Code) . . . as
424	424	taxed by the court, $10 or more; and
425	425	(2) court costs, other than costs collected under
426	426	Subdivision (1), and attorney's fees in an eminent domain
427	427	proceeding (Sec. 21.047, Property Code) . . . as taxed by the court
428	428	and as reasonable, respectively.
429	429	SECTION 17. Section 101.0816, Government Code, is amended
430	430	to read as follows:
431	431	Sec. 101.0816. STATUTORY COUNTY COURT FEES AND COSTS:
432	432	PROPERTY CODE. The clerk of a statutory county court shall collect
433	433	fees and costs under the Property Code as follows:
434	434	(1) [a] court costs [cost in the amount of $10 or more,
435	435	as taxed by the court under Section 21.047, Property Code,] for each
436	436	special commissioner in an eminent domain proceeding (Sec. 21.047,
437	437	Property Code) . . . as taxed by the court, $10 or more; and
438	438	(2) court costs, other than costs collected under
439	439	Subdivision (1), and attorney's fees in an eminent domain
440	440	proceeding (Sec. 21.047, Property Code) . . . as taxed by the court
441	441	and as reasonable, respectively.
442	442	SECTION 18. The following laws are repealed:
443	443	(1) Section 552.0037, Government Code; and
444	444	(2) Subsection (i), Section 21.024, Property Code.
445	445	SECTION 19. Not later than January 1, 2011, the comptroller
446	446	of public accounts shall:
447	447	(1) identify all public and private entities with
448	448	eminent domain authority; and
449	449	(2) make recommendations to the legislature and the
450	450	governor regarding:
451	451	(A) which entities have, need, or should have
452	452	eminent domain authority;
453	453	(B) whether that eminent domain authority of
454	454	those entities should be continued, expanded, or limited; and
455	455	(C) the cause and effect of continuing,
456	456	eliminating, expanding, or limiting the eminent domain authority of
457	457	those entities.
458	458	SECTION 20. The changes in law made by Chapter 2206,
459	459	Government Code, and Chapter 21, Property Code, as amended by this
460	460	Act, apply only to a condemnation proceeding in which the petition
461	461	is filed on or after the effective date of this Act and to any
462	462	property condemned through the proceeding. A condemnation
463	463	proceeding in which the petition is filed before the effective date
464	464	of this Act and any property condemned through the proceeding is
465	465	governed by the law in effect immediately before that date, and that
466	466	law is continued in effect for that purpose.
467	467	SECTION 21. Section 111.0195, Natural Resources Code, as
468	468	added by this Act, applies only to a condemnation proceeding in
469	469	which the petition is filed on or after the effective date of this
470	470	Act and to any property condemned through the proceeding. A
471	471	condemnation proceeding in which the petition is filed before the
472	472	effective date of this Act and any property condemned through the
473	473	proceeding is governed by the law in effect immediately before that
474	474	date, and that law is continued in effect for that purpose.
475	475	SECTION 22. This Act takes effect September 1, 2009.