| 1 | 1 | | 87R5458 DRS-F |
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| 2 | 2 | | By: Hinojosa S.B. No. 423 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the service of notice of a special commissioners' |
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| 8 | 8 | | hearing in an eminent domain proceeding. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 21.016(d), Property Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (d) Notice may be served[: |
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| 13 | 13 | | [(1)] by delivering a copy of the notice to the party |
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| 14 | 14 | | or to the party's agent or attorney or in another manner provided by |
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| 15 | 15 | | the Texas Rules of Civil Procedure for service of citation [; |
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| 16 | 16 | | [(2) if the property being condemned belongs to a |
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| 17 | 17 | | deceased's estate or to a minor or other legally disabled person and |
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| 18 | 18 | | the person or estate has a legal representative, by delivering a |
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| 19 | 19 | | copy of the notice to the legal representative; or |
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| 20 | 20 | | [(3) if the property being condemned belongs to a |
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| 21 | 21 | | nonresident of this state and there has been no personal service on |
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| 22 | 22 | | the owner, if the identity or the residence of the property owner is |
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| 23 | 23 | | unknown, or if the property owner avoids service of notice by |
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| 24 | 24 | | hiding, by publication in the same manner as service of citation by |
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| 25 | 25 | | publication in other civil cases in the district courts or county |
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| 26 | 26 | | courts at law]. |
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| 27 | 27 | | SECTION 2. This Act takes effect immediately if it receives |
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| 28 | 28 | | a vote of two-thirds of all the members elected to each house, as |
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| 29 | 29 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 30 | 30 | | Act does not receive the vote necessary for immediate effect, this |
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| 31 | 31 | | Act takes effect September 1, 2021. |
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