Texas 2021 - 87th Regular

Texas House Bill HB2044 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R17678~~ BEE-D
	1	+	87R2206 BEE-D
2	2		By: Leman H.B. No. 2044
3		-	Substitute the following for H.B. No. 2044:
4		-	By: Rosenthal C.S.H.B. No. 2044
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to establishing actual progress for the purposes of
10	8		determining the right to repurchase real property from a condemning
11	9		entity.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 21.101, Property Code, is amended by
14	12		amending Subsection (b) and adding Subsection (b-1) to read as
15	13		follows:
16	14		(b) In this section, "actual progress" means the completion
17	15		of three [two] or more of the following actions:
18	16		(1) the performance of a significant amount of labor
19	17		to develop the property or other property acquired for the same
20	18		public use project for which the property owner's property was
21	19		acquired;
22	20		(2) the provision of a significant amount of materials
23	21		to develop the property or other property acquired for the same
24	22		public use project for which the property owner's property was
25	23		acquired;
26	24		(3) the hiring of or contracting with and the
27	25		performance of a significant amount of work by an architect,
28	26		engineer, or surveyor to prepare a plan, [or] plat, or easement that
29	27		includes the property or other property acquired for the same
30	28		public use project for which the property owner's property was
31	29		acquired;
32	30		(4) application for state or federal funds to develop
33	31		the property or other property acquired for the same public use
34	32		project for which the property owner's property was acquired; or
35	33		(5) application for a state or federal permit or
36	34		certificate to develop the property or other property acquired for
37	35		the same public use project for which the property owner's property
38	36		was acquired.
39	37		(b-1) Notwithstanding Subsection (b), a navigation district
40		-	or port authority, or a water district implementing a project
41		-	included in the state water plan adopted by the Texas Water
42		-	Development Board, may establish actual progress for purposes of
	38	+	or port authority may establish actual progress for purposes of
43	39		this section by:
44	40		(1) the completion of one action described by
45	41		Subsection (b); and
46	42		(2) [; (6) the acquisition of a tract or parcel of
47	43		real property adjacent to the property for the same public use
48	44		project for which the owner's property was acquired; or
49	45		[(7) for a governmental entity,] the adoption by a
50	46		majority of the entity's governing body at a public hearing of a
51	47		development plan for a public use project that indicates that the
52	48		entity will not complete more than one action described by
53	49		Subsection (b) [Subdivisions (1)-(6)] before the 10th anniversary
54	50		of the date of acquisition of the property.
55	51		SECTION 2. Section 21.101, Property Code, as amended by
56	52		this Act, applies only to a real property interest acquired in
57	53		connection with a condemnation proceeding in which the petition is
58	54		filed on or after the effective date of this Act. A real property
59	55		interest acquired in connection with a condemnation proceeding in
60	56		which the petition is filed before the effective date of this Act is
61	57		governed by the law in effect immediately before that date, and that
62	58		law is continued in effect for that purpose.
63	59		SECTION 3. This Act takes effect September 1, 2021.