Texas 2021 - 87th Regular

Texas House Bill HB1506 Compare Versions

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

Old	New	Differences
1	1	87R3898 BEE-F
2	2	By: Zwiener H.B. No. 1506
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the possession of condemned property by the condemnor
8	8	pending the results of further litigation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 21.021, Property Code, is amended by
11	11	amending Subsections (a) and (c) and adding Subsections (b-1) and
12	12	(e) to read as follows:
13	13	(a) After the special commissioners have made an award in a
14	14	condemnation proceeding, except as provided by Subsection (c) and
15	15	subject to Subsection (b-1) [of this section], the condemnor may
16	16	take possession of the condemned property pending the results of
17	17	further litigation if the condemnor, not later than the seventh day
18	18	after the date of the commissioners' award:
19	19	(1) pays to the property owner the amount of damages
20	20	and costs awarded by the special commissioners or deposits that
21	21	amount of money with the court subject to the order of the property
22	22	owner;
23	23	(2) deposits with the court either the amount of money
24	24	awarded by the special commissioners as damages or a surety bond in
25	25	the same amount issued by a surety company qualified to do business
26	26	in this state, conditioned to secure the payment of an award of
27	27	damages by the court in excess of the award of the special
28	28	commissioners; and
29	29	(3) executes a bond that has two or more good and
30	30	solvent sureties approved by the judge of the court in which the
31	31	proceeding is pending and conditioned to secure the payment of
32	32	additional costs that may be awarded to the property owner by the
33	33	trial court or on appeal.
34	34	(b-1) Except as provided by Subsection (c), a condemnor may
35	35	not take possession under this section of condemned property
36	36	pending the results of further litigation before the 180th day
37	37	after the date of the commissioners' award.
38	38	(c) This state, a county, or a municipal corporation or an
39	39	irrigation, water improvement, or water power control district
40	40	created under legal authority:
41	41	(1) may take possession under this section of
42	42	condemned property pending the results of further litigation if the
43	43	condemnor satisfies the requirements of Subsection (a)(1); and
44	44	(2) is not:
45	45	(A) required to deposit a bond or the amount
46	46	equal to the award of damages under Subsections (a)(2)
47	47	[Subdivisions (2)] and (3); or
48	48	(B) subject to Subsection (b-1) [of Subsection
49	49	(a)].
50	50	(e) This section may not be construed to prohibit an
51	51	agreement approved by the court between a property owner and a
52	52	condemnor that allows immediate possession of the condemned
53	53	property by the condemnor.
54	54	SECTION 2. The changes in law made by this Act apply to a
55	55	condemnation proceeding for which a petition is filed on or after
56	56	the effective date of this Act. A condemnation proceeding for which
57	57	a petition is filed before the effective date of this Act is
58	58	governed by the law in effect on the date the petition is filed, and
59	59	that law is continued in effect for that purpose.
60	60	SECTION 3. This Act takes effect September 1, 2021.