Texas 2015 - 84th Regular

Texas House Bill HB2536 Compare Versions

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1-By: Harless, Dutton, Davis of Harris H.B. No. 2536
2- (Senate Sponsor - Whitmire)
3- (In the Senate - Received from the House May 4, 2015;
4- May 4, 2015, read first time and referred to Committee on State
5- Affairs; May 12, 2015, reported favorably by the following vote:
6- Yeas 5, Nays 2; May 12, 2015, sent to printer.)
7-Click here to see the committee vote
1+H.B. No. 2536
82
93
10- A BILL TO BE ENTITLED
114 AN ACT
125 relating to jurisdiction in an eminent domain proceeding in Harris
136 County.
147 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
158 SECTION 1. Section 25.1032, Government Code, is amended by
169 amending Subsection (c) and adding Subsection (d) to read as
1710 follows:
1811 (c) A county civil court at law has exclusive jurisdiction
1912 in Harris County of eminent domain proceedings, both statutory and
2013 inverse, if the amount in controversy in a statutory proceeding
2114 does not exceed the amount provided by Section 25.0003(c) in civil
2215 cases. Notwithstanding Section 21.013, Property Code, a party
2316 initiating a condemnation proceeding in Harris County may file a
2417 petition with the district clerk when the amount in controversy
2518 exceeds the amount provided by Section 25.0003(c). The amount in
2619 controversy is the amount of the bona fide offer made by the entity
2720 with eminent domain authority to acquire the property from the
2821 property owner voluntarily [regardless of the amount in
2922 controversy].
3023 (d) In addition to other jurisdiction provided by law, a
3124 county civil court at law has jurisdiction to:
3225 (1) decide the issue of title to real or personal
3326 property;
3427 (2) hear a suit to recover damages for slander or
3528 defamation of character;
3629 (3) hear a suit for the enforcement of a lien on real
3730 property;
3831 (4) hear a suit for the forfeiture of a corporate
3932 charter;
4033 (5) hear a suit for the trial of the right to property
4134 valued at $200 or more that has been levied on under a writ of
4235 execution, sequestration, or attachment; and
4336 (6) hear a suit for the recovery of real property.
4437 SECTION 2. The change in law made by this Act applies only
4538 to an eminent domain proceeding for which a petition is filed on or
4639 after the effective date of this Act. An eminent domain proceeding
4740 for which a petition is filed before the effective date of this Act
4841 is governed by the law in effect immediately before that date, and
4942 that law is continued in effect for that purpose.
5043 SECTION 3. This Act takes effect September 1, 2015.
51- * * * * *
44+ ______________________________ ______________________________
45+ President of the Senate Speaker of the House
46+ I certify that H.B. No. 2536 was passed by the House on April
47+ 30, 2015, by the following vote: Yeas 132, Nays 7, 2 present, not
48+ voting.
49+ ______________________________
50+ Chief Clerk of the House
51+ I certify that H.B. No. 2536 was passed by the Senate on May
52+ 19, 2015, by the following vote: Yeas 22, Nays 9.
53+ ______________________________
54+ Secretary of the Senate
55+ APPROVED: _____________________
56+ Date
57+ _____________________
58+ Governor