| 1 | 1 | | 86R3214 PMO-D |
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| 2 | 2 | | By: Leman H.B. No. 1253 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to establishing actual progress for the purposes of |
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| 8 | 8 | | determining the right to repurchase real property from a condemning |
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| 9 | 9 | | entity. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 21.101, Property Code, is amended by |
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| 12 | 12 | | amending Subsection (b) and adding Subsection (b-1) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (b) In this section, "actual progress" means the completion |
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| 15 | 15 | | of three [two] or more of the following actions: |
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| 16 | 16 | | (1) the performance of a significant amount of labor |
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| 17 | 17 | | to develop the property or other property acquired for the same |
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| 18 | 18 | | public use project for which the property owner's property was |
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| 19 | 19 | | acquired; |
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| 20 | 20 | | (2) the provision of a significant amount of materials |
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| 21 | 21 | | to develop the property or other property acquired for the same |
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| 22 | 22 | | public use project for which the property owner's property was |
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| 23 | 23 | | acquired; |
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| 24 | 24 | | (3) the hiring of and performance of a significant |
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| 25 | 25 | | amount of work by an architect, engineer, or surveyor to prepare a |
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| 26 | 26 | | plan or plat that includes the property or other property acquired |
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| 27 | 27 | | for the same public use project for which the property owner's |
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| 28 | 28 | | property was acquired; |
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| 29 | 29 | | (4) application for state or federal funds to develop |
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| 30 | 30 | | the property or other property acquired for the same public use |
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| 31 | 31 | | project for which the property owner's property was acquired; or |
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| 32 | 32 | | (5) application for a state or federal permit to |
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| 33 | 33 | | develop the property or other property acquired for the same public |
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| 34 | 34 | | use project for which the property owner's property was acquired. |
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| 35 | 35 | | (b-1) Notwithstanding Subsection (b), a navigation district |
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| 36 | 36 | | or port authority may establish actual progress for purposes of |
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| 37 | 37 | | this section by: |
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| 38 | 38 | | (1) the completion of one action described by |
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| 39 | 39 | | Subsection (b); and |
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| 40 | 40 | | (2) [; (6) the acquisition of a tract or parcel of |
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| 41 | 41 | | real property adjacent to the property for the same public use |
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| 42 | 42 | | project for which the owner's property was acquired; or |
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| 43 | 43 | | [(7) for a governmental entity,] the adoption by a |
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| 44 | 44 | | majority of the entity's governing body at a public hearing of a |
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| 45 | 45 | | development plan for a public use project that indicates that the |
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| 46 | 46 | | entity will not complete more than one action described by |
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| 47 | 47 | | Subsection (b) [Subdivisions (1)-(6)] before the 10th anniversary |
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| 48 | 48 | | of the date of acquisition of the property. |
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| 49 | 49 | | SECTION 2. Section 21.101, Property Code, as amended by |
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| 50 | 50 | | this Act, applies only to a real property interest acquired in |
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| 51 | 51 | | connection with a condemnation proceeding in which the petition is |
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| 52 | 52 | | filed on or after the effective date of this Act. A real property |
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| 53 | 53 | | interest acquired in connection with a condemnation proceeding in |
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| 54 | 54 | | which the petition is filed before the effective date of this Act is |
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| 55 | 55 | | governed by the law in effect immediately before that date, and that |
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| 56 | 56 | | law is continued in effect for that purpose. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2019. |
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