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