S.B. No. 726
AN ACT
relating to establishing actual progress for the purposes of
determining the right to repurchase real property from a condemning
entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.101, Property Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) In this section, "actual progress" means the completion
of three [two] or more of the following actions:
(1) the performance of a significant amount of labor
to develop the property or other property acquired for the same
public use project for which the property owner's property was
acquired;
(2) the provision of a significant amount of materials
to develop the property or other property acquired for the same
public use project for which the property owner's property was
acquired;
(3) the hiring of or contracting with and the
performance of a significant amount of work by an architect,
engineer, or surveyor to prepare a plan, [or] plat, or easement that
includes the property or other property acquired for the same
public use project for which the property owner's property was
acquired;
(4) application for state or federal funds to develop
the property or other property acquired for the same public use
project for which the property owner's property was acquired; or
(5) application for a state or federal permit or
certificate to develop the property or other property acquired for
the same public use project for which the property owner's property
was acquired.
(b-1) Notwithstanding Subsection (b), a navigation district
or port authority, or a water district implementing a project
included in the state water plan adopted by the Texas Water
Development Board, may establish actual progress for purposes of
this section by:
(1) the completion of one action described by
Subsection (b); and
(2) [; (6) the acquisition of a tract or parcel of real
property adjacent to the property for the same public use project
for which the owner's property was acquired; or
[(7) for a governmental entity,] the adoption by a
majority of the entity's governing body at a public hearing of a
development plan for a public use project that indicates that the
entity will not complete more than one action described by
Subsection (b) [Subdivisions (1)-(6)] before the 10th anniversary
of the date of acquisition of the property.
SECTION 2. Section 21.101, Property Code, as amended by
this Act, applies only to a real property interest acquired in
connection with a condemnation proceeding in which the petition is
filed on or after the effective date of this Act. A real property
interest acquired in connection with a condemnation proceeding in
which the petition is filed before the effective date of this Act is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 726 passed the Senate on
April 20, 2021, by the following vote: Yeas 27, Nays 4.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 726 passed the House on
May 6, 2021, by the following vote: Yeas 112, Nays 30, three
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor