| 1 | | - | By: Canales (Senate Sponsor - Hinojosa) H.B. No. 2831 |
|---|
| 2 | | - | (In the Senate - Received from the House May 13, 2019; |
|---|
| 3 | | - | May 13, 2019, read first time and referred to Committee on State |
|---|
| 4 | | - | Affairs; May 17, 2019, reported favorably by the following vote: |
|---|
| 5 | | - | Yeas 9, Nays 0; May 17, 2019, sent to printer.) |
|---|
| 6 | | - | Click here to see the committee vote |
|---|
| 1 | + | 86R5823 AJA-F |
|---|
| 2 | + | By: Canales H.B. No. 2831 |
|---|
| 7 | 3 | | |
|---|
| 8 | 4 | | |
|---|
| 9 | 5 | | A BILL TO BE ENTITLED |
|---|
| 10 | 6 | | AN ACT |
|---|
| 11 | 7 | | relating to the service of notice of a special commissioners' |
|---|
| 12 | 8 | | hearing in an eminent domain proceeding. |
|---|
| 13 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 10 | | SECTION 1. Section 21.016(d), Property Code, is amended to |
|---|
| 15 | 11 | | read as follows: |
|---|
| 16 | 12 | | (d) Notice may be served[: |
|---|
| 17 | 13 | | [(1)] by delivering a copy of the notice to the party |
|---|
| 18 | 14 | | or to the party's agent or attorney or in another manner provided by |
|---|
| 19 | 15 | | the Texas Rules of Civil Procedure for service of citation [; |
|---|
| 20 | 16 | | [(2) if the property being condemned belongs to a |
|---|
| 21 | 17 | | deceased's estate or to a minor or other legally disabled person and |
|---|
| 22 | 18 | | the person or estate has a legal representative, by delivering a |
|---|
| 23 | 19 | | copy of the notice to the legal representative; or |
|---|
| 24 | 20 | | [(3) if the property being condemned belongs to a |
|---|
| 25 | 21 | | nonresident of this state and there has been no personal service on |
|---|
| 26 | 22 | | the owner, if the identity or the residence of the property owner is |
|---|
| 27 | 23 | | unknown, or if the property owner avoids service of notice by |
|---|
| 28 | 24 | | hiding, by publication in the same manner as service of citation by |
|---|
| 29 | 25 | | publication in other civil cases in the district courts or county |
|---|
| 30 | 26 | | courts at law]. |
|---|
| 31 | 27 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 32 | 28 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 33 | 29 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 34 | 30 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 35 | 31 | | Act takes effect September 1, 2019. |
|---|