| 1 | 1 | | 88R10359 KBB-F |
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| 2 | 2 | | By: Zwiener H.B. No. 2318 |
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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 possession of property to be acquired by eminent |
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| 8 | 8 | | domain during pending litigation in a condemnation 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 21.021, Property Code, is amended by |
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| 11 | 11 | | amending Subsections (a) and (c) and adding Subsection (e) to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (a) Not earlier than the 180th day after the date [After] |
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| 14 | 14 | | the special commissioners make [have made] an award in a |
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| 15 | 15 | | condemnation proceeding, except as provided by Subsection (c) or |
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| 16 | 16 | | (e) [of this section], the condemnor may take possession of the |
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| 17 | 17 | | condemned property pending the results of further litigation if the |
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| 18 | 18 | | condemnor: |
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| 19 | 19 | | (1) pays to the property owner the amount of damages |
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| 20 | 20 | | and costs awarded by the special commissioners or deposits that |
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| 21 | 21 | | amount of money with the court subject to the order of the property |
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| 22 | 22 | | owner; |
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| 23 | 23 | | (2) deposits with the court either the amount of money |
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| 24 | 24 | | awarded by the special commissioners as damages or a surety bond in |
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| 25 | 25 | | the same amount issued by a surety company qualified to do business |
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| 26 | 26 | | in this state, conditioned to secure the payment of an award of |
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| 27 | 27 | | damages by the court in excess of the award of the special |
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| 28 | 28 | | commissioners; and |
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| 29 | 29 | | (3) executes a bond that has two or more good and |
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| 30 | 30 | | solvent sureties approved by the judge of the court in which the |
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| 31 | 31 | | proceeding is pending and conditioned to secure the payment of |
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| 32 | 32 | | additional costs that may be awarded to the property owner by the |
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| 33 | 33 | | trial court or on appeal. |
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| 34 | 34 | | (c) This state, a county, or a municipal corporation or an |
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| 35 | 35 | | irrigation, water improvement, or water power control district |
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| 36 | 36 | | created under legal authority: |
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| 37 | 37 | | (1) may take immediate possession of the property |
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| 38 | 38 | | after paying or depositing money as required by Subsection (a)(1); |
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| 39 | 39 | | and |
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| 40 | 40 | | (2) is not required to deposit a bond or the amount |
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| 41 | 41 | | equal to the award of damages under Subsections (a)(2) and (3) |
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| 42 | 42 | | [Subdivisions (2) and (3) of Subsection (a)]. |
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| 43 | 43 | | (e) This section may not be construed to prohibit an |
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| 44 | 44 | | agreement between the parties allowing the condemnor to take |
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| 45 | 45 | | immediate possession of the property pending resolution of further |
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| 46 | 46 | | litigation. |
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| 47 | 47 | | SECTION 2. The changes in law made by this Act apply only to |
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| 48 | 48 | | a condemnation proceeding for which a petition is filed on or after |
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| 49 | 49 | | the effective date of this Act. A condemnation proceeding for which |
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| 50 | 50 | | a petition is filed before the effective date of this Act is |
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| 51 | 51 | | governed by the law in effect on the date the petition is filed, and |
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| 52 | 52 | | that law is continued in effect for that purpose. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2023. |
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