Texas 2013 - 83rd 2nd C.S.

Texas House Bill HB24 Latest Draft

Bill / Introduced Version

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                            83S20026 AJA-D
 By: Callegari H.B. No. 24


 A BILL TO BE ENTITLED
 AN ACT
 relating to certain eminent domain authority and the suspension of
 certain unreported eminent domain authority.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  The heading to Subchapter C, Chapter 2206,
 Government Code, is amended to read as follows:
 SUBCHAPTER C. REPORTING [EXPIRATION] OF CERTAIN EMINENT DOMAIN
 AUTHORITY
 SECTION 2.  The heading to Section 2206.101, Government
 Code, is amended to read as follows:
 Sec. 2206.101.  REPORT OF EMINENT DOMAIN AUTHORITY REQUIRED;
 SUSPENSION [EXPIRATION] OF AUTHORITY.
 SECTION 3.  Section 2206.101(c), Government Code, is amended
 to read as follows:
 (c)  An [The authority of an] entity that did not submit a
 letter in accordance with Subsection (b) on or before the date
 prescribed by that subsection may not [to] exercise the entity's
 power of eminent domain before the 90th day after the date [expires
 on September 1, 2013, unless] the entity submits a letter to the
 comptroller in accordance with the requirements of Subsection (b),
 other than the requirement that the letter be submitted by a
 specified date.
 SECTION 4.  Section 21.012, Property Code, is amended by
 adding Subsections (d) and (e) to read as follows:
 (d)  In addition to the contents prescribed by Subsection
 (b), a condemnation petition must state:
 (1)  that the entity filing the petition was created or
 acquired the power of eminent domain on or after December 31, 2012,
 as applicable; or
 (2)  for an entity that was created before December 31,
 2012, and that acquired the power of eminent domain before that
 date, the date on which the entity submitted a letter in accordance
 with Section 2206.101, Government Code.
 (e)  If the petition states that the entity submitted a
 letter in accordance with Section 2206.101, Government Code, after
 December 31, 2012, and after the 91st day before the date the
 petition was filed, the court shall abate the action until the 90th
 day after the date the letter was submitted.
 SECTION 5.  Sections 2206.101(d) and (e), Government Code,
 are repealed.
 SECTION 6.  (a) The changes in law made by this Act apply
 only to a condemnation proceeding in which the petition is filed on
 or after September 1, 2013, and to any property condemned through
 the proceeding.
 (b)  Except as provided by this subsection, a condemnation
 proceeding in which the petition is filed before September 1, 2013,
 and any property condemned through the proceeding are governed by
 the law as it existed immediately before the effective date of this
 Act, and that law is continued in effect for that purpose. A
 condemnation proceeding in which the petition is filed before
 September 1, 2013, by an entity required to submit a letter under
 Section 2206.101, Government Code, is not affected by Section
 2206.101(c), Government Code, as it existed immediately before the
 effective date of this Act.
 SECTION 7.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution. If this
 Act does not receive the vote necessary for immediate effect, this
 Act does not take effect.