83S30046 TJS-D
	By: Callegari	H.B. No. 20

	A BILL TO BE ENTITLED
	AN ACT
	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 [The]
	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.