Bill Text: TX HB20 | 2013 | 83rd Legislature 3rd Special Session | Introduced
Bill Title: Relating to certain eminent domain authority and the expiration or suspension of certain unreported eminent domain authority.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-08-05 - Filed [HB20 Detail]
Download: Texas-2013-HB20-Introduced.html
83S30046 TJS-D | ||
By: Callegari | H.B. No. 20 |
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relating to certain eminent domain authority and the expiration or | ||
suspension of certain unreported eminent domain authority. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subchapter C, Chapter 2206, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER C. REPORTING AND EXPIRATION OR SUSPENSION OF CERTAIN | ||
EMINENT DOMAIN AUTHORITY | ||
SECTION 2. The heading to Section 2206.101, Government | ||
Code, is amended to read as follows: | ||
Sec. 2206.101. REPORT OF EMINENT DOMAIN AUTHORITY REQUIRED; | ||
EXPIRATION OR SUSPENSION OF AUTHORITY. | ||
SECTION 3. Section 2206.101, Government Code, is amended by | ||
amending Subsection (c) and adding Subsection (c-1) to read as | ||
follows: | ||
(c) Except as provided by Subsection (c-1), the [ |
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authority of an entity to exercise the entity's power of eminent | ||
domain expires on September 1, 2013, unless the entity submits a | ||
letter in accordance with Subsection (b). | ||
(c-1) A municipal utility district that did not submit a | ||
letter in accordance with Subsection (b) on or before the date | ||
prescribed by that subsection may not exercise the entity's power | ||
of eminent domain before the 90th day after the date the entity | ||
submits a letter to the comptroller in accordance with the | ||
requirements of Subsection (b), other than the requirement that the | ||
letter be submitted by a specified date. | ||
SECTION 4. Section 21.012, Property Code, is amended by | ||
adding Subsections (d), (e), and (f) to read as follows: | ||
(d) In addition to the contents prescribed by Subsection | ||
(b), a condemnation petition must state: | ||
(1) that the entity filing the petition was created or | ||
acquired the power of eminent domain on or after December 31, 2012, | ||
as applicable; or | ||
(2) for an entity that was created before December 31, | ||
2012, and that acquired the power of eminent domain before that | ||
date, the date on which the entity submitted a letter in accordance | ||
with Section 2206.101, Government Code. | ||
(e) If the petition of an entity that is subject to Section | ||
2206.101(c), Government Code, does not state that the entity | ||
submitted a letter in accordance with Section 2206.101, Government | ||
Code, on or before December 31, 2012, the court shall dismiss the | ||
action. | ||
(f) If the petition of an entity that is subject to Section | ||
2206.101(c-1), Government Code, states that the entity submitted a | ||
letter in accordance with Section 2206.101, Government Code, after | ||
December 31, 2012, and after the 91st day before the date the | ||
petition was filed, the court shall abate the action until the 90th | ||
day after the date the letter was submitted. | ||
SECTION 5. Sections 2206.101(d) and (e), Government Code, | ||
are repealed. | ||
SECTION 6. (a) The changes in law made by this Act apply | ||
only to a condemnation proceeding in which the petition is filed on | ||
or after September 1, 2013, and to any property condemned through | ||
the proceeding. | ||
(b) Except as provided by this subsection, a condemnation | ||
proceeding in which the petition is filed before September 1, 2013, | ||
and any property condemned through the proceeding are governed by | ||
the law as it existed immediately before the effective date of this | ||
Act, and that law is continued in effect for that purpose. A | ||
condemnation proceeding in which the petition is filed before | ||
September 1, 2013, by an entity required to submit a letter under | ||
Section 2206.101, Government Code, is not affected by Section | ||
2206.101(c), Government Code, as it existed immediately before the | ||
effective date of this Act. | ||
SECTION 7. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act does not take effect. |