By: Schwertner S.B. No. 479
(In the Senate - Filed February 6, 2015; February 10, 2015,
read first time and referred to Committee on State Affairs;
April 15, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 15, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 479 By: Schwertner
A BILL TO BE ENTITLED
AN ACT
relating to establishing actual progress for the purposes of
determining the right to repurchase real property from a condemning
entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.101, Property Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) In this section, "actual progress" means the completion
of three [two] or more of the following actions:
(1) the performance of a significant amount of labor
to develop the property or other property acquired for the same
public use project for which the property owner's property was
acquired;
(2) the provision of a significant amount of materials
to develop the property or other property acquired for the same
public use project for which the property owner's property was
acquired;
(3) the hiring of and performance of a significant
amount of work by an architect, engineer, or surveyor to prepare a
plan or plat that includes the property or other property acquired
for the same public use project for which the property owner's
property was acquired;
(4) application for state or federal funds to develop
the property or other property acquired for the same public use
project for which the property owner's property was acquired; or
(5) application for a state or federal permit to
develop the property or other property acquired for the same public
use project for which the property owner's property was acquired.
(b-1) Notwithstanding Subsection (b), for a navigation
district or port authority, "actual progress" means:
(1) the completion of one action described by
Subsection (b); and
(2) [; (6) the acquisition of a tract or parcel of
real property adjacent to the property for the same public use
project for which the owner's property was acquired; or
[(7) for a governmental entity,] the adoption by a
majority of the entity's governing body at a public hearing of a
development plan for a public use project that indicates that the
entity will not complete more than one action described by
Subsection (b) [Subdivisions (1)-(6)] before the 10th anniversary
of the date of acquisition of the property.
SECTION 2. Section 21.101, Property Code, as amended by
this Act, applies only to a real property interest acquired in
connection with a condemnation proceeding in which the petition is
filed on or after the effective date of this Act. A real property
interest acquired in connection with a condemnation proceeding in
which the petition is filed before the effective date of this Act is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.
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