Texas 2019 - 86th Regular

Texas House Bill HB1157 Compare Versions

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

Old	New	Differences
1	1	86R4934 PMO-F
2	2	By: Bell of Montgomery H.B. No. 1157
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the acquisition of property by an entity with eminent
8	8	domain authority.
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:
28	28	(1) the petition meets the requirements of Subsection
29	29	(b); and
30	30	(2) the entity complied with Subsection (c).
31	31	SECTION 3. Section 21.019, Property Code, is amended by
32	32	amending Subsections (a), (b), and (c) and adding Subsection (b-1)
33	33	to read as follows:
34	34	(a) A party that files a condemnation petition may move to
35	35	dismiss, wholly or partly, the proceedings, and the court shall
36	36	conduct a hearing on the motion. However, after the special
37	37	commissioners have made an award, in an effort to obtain a lower
38	38	award a condemnor may not dismiss, wholly or partly, the
39	39	condemnation proceedings merely to institute new proceedings that
40	40	involve substantially the same condemnation against the same
41	41	property owner.
42	42	(b) A court that hears and grants a motion to dismiss,
43	43	wholly or partly, a condemnation proceeding made by a condemnor
44	44	under Subsection (a) shall make an allowance to the property owner
45	45	for reasonable and necessary fees for attorneys, appraisers, and
46	46	photographers and for the other expenses incurred by the property
47	47	owner to the date of the hearing.
48	48	(b-1) The court shall dismiss a condemnation proceeding if
49	49	the court finds that the party that filed the condemnation petition
50	50	failed to comply with any provision of Section 21.0111, 21.0112,
51	51	21.0113, or 21.012. A court that grants a motion to dismiss under
52	52	this subsection shall make an allowance to the property owner for
53	53	reasonable and necessary fees for attorneys, appraisers, and
54	54	photographers and for the other expenses incurred by the property
55	55	owner to the date of the hearing.
56	56	(c) Except as provided by Subsection (b-1), a [A] court that
57	57	hears and grants a motion to dismiss a condemnation proceeding made
58	58	by a property owner seeking a judicial denial of the right to
59	59	condemn or that otherwise renders a judgment denying the right to
60	60	condemn may make an allowance to the property owner for reasonable
61	61	and necessary fees for attorneys, appraisers, and photographers and
62	62	for the other expenses incurred by the property owner to the date of
63	63	the hearing or judgment.
64	64	SECTION 4. Sections 21.0195(b) and (c), Property Code, are
65	65	amended to read as follows:
66	66	(b) The department may move to dismiss, wholly or partly, a
67	67	proceeding it files, and the court shall conduct a hearing on the
68	68	motion. The court may grant the motion only if the court determines
69	69	that the property owner's interest will not be materially affected
70	70	by the dismissal. The department may not dismiss, wholly or partly,
71	71	the condemnation proceedings merely to institute new proceedings
72	72	that involve substantially the same condemnation against the same
73	73	property owner solely to obtain a lower condemnation award.
74	74	(c) If a court dismisses, wholly or partly, a condemnation
75	75	proceeding on the motion of the department or as a result of the
76	76	failure of the department to bring the proceeding properly, the
77	77	court shall make an allowance to the property owner for the value of
78	78	the department's use of the property while in possession of the
79	79	property, any damage that the condemnation has caused to the
80	80	property owner, and any expenses the property owner has incurred in
81	81	connection with the condemnation, including reasonable and
82	82	necessary fees for attorneys.
83	83	SECTION 5. Section 21.047(d), Property Code, is repealed.
84	84	SECTION 6. (a) Section 21.0111, Property Code, as amended
85	85	by this Act, applies only to the acquisition of real property in
86	86	connection with an initial offer made under Section 21.0113,
87	87	Property Code, on or after the effective date of this Act.
88	88	(b) Sections 21.012, 21.019, and 21.0195, Property Code, as
89	89	amended by this Act, and the repeal of Section 21.047(d), Property
90	90	Code, by this Act apply only to an eminent domain proceeding
91	91	commenced on or after the effective date of this Act. An eminent
92	92	domain proceeding commenced before the effective date of this Act
93	93	is governed by the law applicable to the proceeding immediately
94	94	before the effective date of this Act, and that law is continued in
95	95	effect for that purpose.
96	96	SECTION 7. This Act takes effect December 1, 2019.