Texas 2017 - 85th Regular

Texas House Bill HB3170 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R14174 E
2	2	By: Bell H.B. No. 3170
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the protection of the rights of a property owner in an
8	8	eminent domain proceeding.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 21.0111, Property Code, is amended by
11	11	adding Subsection (a-1) to read as follows:
12	12	(a-1) After making an offer to which Subsection (a) applies,
13	13	the entity shall disclose to the property owner any new, amended, or
14	14	updated appraisal report produced or acquired by or on behalf of the
15	15	entity after making the offer and used in determining the entity's
16	16	opinion of value. A disclosure required by this subsection must be
17	17	made not later than the earlier of:
18	18	(1) the 10th day after the date the entity receives the
19	19	appraisal report; or
20	20	(2) the third business day before the date of a special
21	21	commissioner's hearing if the appraisal report is to be used at the
22	22	hearing.
23	23	SECTION 2. Section 21.012, Property Code, is amended by
24	24	adding Subsection (d) to read as follows:
25	25	(d) In accordance with Section 21.019(b-1), a court shall
26	26	dismiss a condemnation proceeding unless the entity that files a
27	27	petition under this section proves to the court that the entity has
28	28	met the requirements described in Subsection (b).
29	29	SECTION 3. Section 21.019, Property Code, is amended by
30	30	amending Subsections (a), (b), and (c) and adding Subsection (b-1)
31	31	to read as follows:
32	32	(a) A party that files a condemnation petition may move to
33	33	dismiss, in whole or in part, the proceedings, and the court shall
34	34	conduct a hearing on the motion. However, after the special
35	35	commissioners have made an award, in an effort to obtain a lower
36	36	award a condemnor may not dismiss, in whole or in part, the
37	37	condemnation proceedings merely to institute new proceedings that
38	38	involve substantially the same condemnation against the same
39	39	property owner.
40	40	(b) A court that hears and grants a motion to dismiss, in
41	41	whole or in part, a condemnation proceeding made by a condemnor
42	42	under Subsection (a) shall make an allowance to the property owner
43	43	for reasonable and necessary fees for attorneys, appraisers, and
44	44	photographers and for the other expenses incurred by the property
45	45	owner to the date of the hearing.
46	46	(b-1) The court shall dismiss a condemnation proceeding if
47	47	the court finds that the party that filed the condemnation petition
48	48	failed to comply with any provision of Sections 21.0111 through
49	49	21.012. A court that grants a motion to dismiss under this
50	50	subsection shall make an allowance to the property owner for
51	51	reasonable and necessary fees for attorneys, appraisers, and
52	52	photographers and for the other expenses incurred by the property
53	53	owner to the date of the hearing.
54	54	(c) Except as provided by Subsection (b-1), a [A] court that
55	55	hears and grants a motion to dismiss a condemnation proceeding made
56	56	by a property owner seeking a judicial denial of the right to
57	57	condemn or that otherwise renders a judgment denying the right to
58	58	condemn may make an allowance to the property owner for reasonable
59	59	and necessary fees for attorneys, appraisers, and photographers and
60	60	for the other expenses incurred by the property owner to the date of
61	61	the hearing or judgment.
62	62	SECTION 4. Sections 21.0195(b) and (c), Property Code, are
63	63	amended to read as follows:
64	64	(b) The department may move to dismiss, in whole or in part,
65	65	a proceeding it files, and the court shall conduct a hearing on the
66	66	motion. The court may grant the motion only if the court determines
67	67	that the property owner's interest will not be materially affected
68	68	by the dismissal. The department may not dismiss, in whole or in
69	69	part, the condemnation proceedings merely to institute new
70	70	proceedings that involve substantially the same condemnation
71	71	against the same property owner solely to obtain a lower
72	72	condemnation award.
73	73	(c) If a court dismisses, in whole or in part, a
74	74	condemnation proceeding on the motion of the department or as a
75	75	result of the failure of the department to bring the proceeding
76	76	properly, the court shall make an allowance to the property owner
77	77	for the value of the department's use of the property while in
78	78	possession of the property, any damage that the condemnation has
79	79	caused to the property owner, and any expenses the property owner
80	80	has incurred in connection with the condemnation, including
81	81	reasonable and necessary fees for attorneys.
82	82	SECTION 5. Section 21.047(d), Property Code, is repealed.
83	83	SECTION 6. (a) Section 21.0111, Property Code, as amended
84	84	by this Act, applies only to the acquisition of real property in
85	85	connection with an initial offer made under Section 21.0113,
86	86	Property Code, on or after the effective date of this Act. An
87	87	acquisition of real property in connection with an initial offer
88	88	made under Section 21.0113, Property Code, before the effective
89	89	date of this Act is governed by the law applicable to the
90	90	acquisition immediately before the effective date of this Act, and
91	91	that law is continued in effect for that purpose.
92	92	(b) Sections 21.012, 21.019, 21.0195, and 21.047, Property
93	93	Code, as amended by this Act, apply only to an eminent domain
94	94	proceeding commenced on or after the effective date of this Act. An
95	95	eminent domain proceeding commenced before the effective date of
96	96	this Act is governed by the law applicable to the proceeding
97	97	immediately before the effective date of this Act, and that law is
98	98	continued in effect for that purpose.
99	99	SECTION 7. This Act takes effect immediately if it receives
100	100	a vote of two-thirds of all the members elected to each house, as
101	101	provided by Section 39, Article III, Texas Constitution. If this
102	102	Act does not receive the vote necessary for immediate effect, this
103	103	Act takes effect September 1, 2017.