87R3898 BEE-F
By: Zwiener H.B. No. 1506
A BILL TO BE ENTITLED
AN ACT
relating to the possession of condemned property by the condemnor
pending the results of further litigation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.021, Property Code, is amended by
amending Subsections (a) and (c) and adding Subsections (b-1) and
(e) to read as follows:
(a) After the special commissioners have made an award in a
condemnation proceeding, except as provided by Subsection (c) and
subject to Subsection (b-1) [of this section], the condemnor may
take possession of the condemned property pending the results of
further litigation if the condemnor, not later than the seventh day
after the date of the commissioners' award:
(1) pays to the property owner the amount of damages
and costs awarded by the special commissioners or deposits that
amount of money with the court subject to the order of the property
owner;
(2) deposits with the court either the amount of money
awarded by the special commissioners as damages or a surety bond in
the same amount issued by a surety company qualified to do business
in this state, conditioned to secure the payment of an award of
damages by the court in excess of the award of the special
commissioners; and
(3) executes a bond that has two or more good and
solvent sureties approved by the judge of the court in which the
proceeding is pending and conditioned to secure the payment of
additional costs that may be awarded to the property owner by the
trial court or on appeal.
(b-1) Except as provided by Subsection (c), a condemnor may
not take possession under this section of condemned property
pending the results of further litigation before the 180th day
after the date of the commissioners' award.
(c) This state, a county, or a municipal corporation or an
irrigation, water improvement, or water power control district
created under legal authority:
(1) may take possession under this section of
condemned property pending the results of further litigation if the
condemnor satisfies the requirements of Subsection (a)(1); and
(2) is not:
(A) required to deposit a bond or the amount
equal to the award of damages under Subsections (a)(2)
[Subdivisions (2)] and (3); or
(B) subject to Subsection (b-1) [of Subsection
(a)].
(e) This section may not be construed to prohibit an
agreement approved by the court between a property owner and a
condemnor that allows immediate possession of the condemned
property by the condemnor.
SECTION 2. The changes in law made by this Act apply to a
condemnation proceeding for which a petition is filed on or after
the effective date of this Act. A condemnation proceeding for which
a petition is filed before the effective date of this Act is
governed by the law in effect on the date the petition is filed, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.