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 |
---|
11 | 4 | | AN ACT |
---|
12 | 5 | | relating to jurisdiction in an eminent domain proceeding in Harris |
---|
13 | 6 | | County. |
---|
14 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
15 | 8 | | SECTION 1. Section 25.1032, Government Code, is amended by |
---|
16 | 9 | | amending Subsection (c) and adding Subsection (d) to read as |
---|
17 | 10 | | follows: |
---|
18 | 11 | | (c) A county civil court at law has exclusive jurisdiction |
---|
19 | 12 | | in Harris County of eminent domain proceedings, both statutory and |
---|
20 | 13 | | inverse, if the amount in controversy in a statutory proceeding |
---|
21 | 14 | | does not exceed the amount provided by Section 25.0003(c) in civil |
---|
22 | 15 | | cases. Notwithstanding Section 21.013, Property Code, a party |
---|
23 | 16 | | initiating a condemnation proceeding in Harris County may file a |
---|
24 | 17 | | petition with the district clerk when the amount in controversy |
---|
25 | 18 | | exceeds the amount provided by Section 25.0003(c). The amount in |
---|
26 | 19 | | controversy is the amount of the bona fide offer made by the entity |
---|
27 | 20 | | with eminent domain authority to acquire the property from the |
---|
28 | 21 | | property owner voluntarily [regardless of the amount in |
---|
29 | 22 | | controversy]. |
---|
30 | 23 | | (d) In addition to other jurisdiction provided by law, a |
---|
31 | 24 | | county civil court at law has jurisdiction to: |
---|
32 | 25 | | (1) decide the issue of title to real or personal |
---|
33 | 26 | | property; |
---|
34 | 27 | | (2) hear a suit to recover damages for slander or |
---|
35 | 28 | | defamation of character; |
---|
36 | 29 | | (3) hear a suit for the enforcement of a lien on real |
---|
37 | 30 | | property; |
---|
38 | 31 | | (4) hear a suit for the forfeiture of a corporate |
---|
39 | 32 | | charter; |
---|
40 | 33 | | (5) hear a suit for the trial of the right to property |
---|
41 | 34 | | valued at $200 or more that has been levied on under a writ of |
---|
42 | 35 | | execution, sequestration, or attachment; and |
---|
43 | 36 | | (6) hear a suit for the recovery of real property. |
---|
44 | 37 | | SECTION 2. The change in law made by this Act applies only |
---|
45 | 38 | | to an eminent domain proceeding for which a petition is filed on or |
---|
46 | 39 | | after the effective date of this Act. An eminent domain proceeding |
---|
47 | 40 | | for which a petition is filed before the effective date of this Act |
---|
48 | 41 | | is governed by the law in effect immediately before that date, and |
---|
49 | 42 | | that law is continued in effect for that purpose. |
---|
50 | 43 | | 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 |
---|