Texas 2021 - 87th Regular

Texas Senate Bill SB726 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 726
	1	+	By: Schwertner, et al. S.B. No. 726
	2	+	(Leman)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to establishing actual progress for the purposes of
6	8		determining the right to repurchase real property from a condemning
7	9		entity.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 21.101, Property Code, is amended by
10	12		amending Subsection (b) and adding Subsection (b-1) to read as
11	13		follows:
12	14		(b) In this section, "actual progress" means the completion
13	15		of three [two] or more of the following actions:
14	16		(1) the performance of a significant amount of labor
15	17		to develop the property or other property acquired for the same
16	18		public use project for which the property owner's property was
17	19		acquired;
18	20		(2) the provision of a significant amount of materials
19	21		to develop the property or other property acquired for the same
20	22		public use project for which the property owner's property was
21	23		acquired;
22	24		(3) the hiring of or contracting with and the
23	25		performance of a significant amount of work by an architect,
24	26		engineer, or surveyor to prepare a plan, [or] plat, or easement that
25	27		includes the property or other property acquired for the same
26	28		public use project for which the property owner's property was
27	29		acquired;
28	30		(4) application for state or federal funds to develop
29	31		the property or other property acquired for the same public use
30	32		project for which the property owner's property was acquired; or
31	33		(5) application for a state or federal permit or
32	34		certificate to develop the property or other property acquired for
33	35		the same public use project for which the property owner's property
34	36		was acquired.
35	37		(b-1) Notwithstanding Subsection (b), a navigation district
36	38		or port authority, or a water district implementing a project
37	39		included in the state water plan adopted by the Texas Water
38	40		Development Board, may establish actual progress for purposes of
39	41		this section by:
40	42		(1) the completion of one action described by
41	43		Subsection (b); and
42	44		(2) [; (6) the acquisition of a tract or parcel of real
43	45		property adjacent to the property for the same public use project
44	46		for which the owner's property was acquired; or
45	47		[(7) for a governmental entity,] the adoption by a
46	48		majority of the entity's governing body at a public hearing of a
47	49		development plan for a public use project that indicates that the
48	50		entity will not complete more than one action described by
49	51		Subsection (b) [Subdivisions (1)-(6)] before the 10th anniversary
50	52		of the date of acquisition of the property.
51	53		SECTION 2. Section 21.101, Property Code, as amended by
52	54		this Act, applies only to a real property interest acquired in
53	55		connection with a condemnation proceeding in which the petition is
54	56		filed on or after the effective date of this Act. A real property
55	57		interest acquired in connection with a condemnation proceeding in
56	58		which the petition is filed before the effective date of this Act is
57	59		governed by the law in effect immediately before that date, and that
58	60		law is continued in effect for that purpose.
59	61		SECTION 3. This Act takes effect September 1, 2021.
60		-	______________________________ ______________________________
61		-	President of the Senate Speaker of the House
62		-	I hereby certify that S.B. No. 726 passed the Senate on
63		-	April 20, 2021, by the following vote: Yeas 27, Nays 4.
64		-	______________________________
65		-	Secretary of the Senate
66		-	I hereby certify that S.B. No. 726 passed the House on
67		-	May 6, 2021, by the following vote: Yeas 112, Nays 30, three
68		-	present not voting.
69		-	______________________________
70		-	Chief Clerk of the House
71		-	Approved:
72		-	______________________________
73		-	Date
74		-	______________________________
75		-	Governor