Bill Text: TX HB24 | 2013 | 83rd Legislature 2nd Special Session | Introduced
Bill Title: Relating to certain eminent domain authority and the suspension of certain unreported eminent domain authority.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-07-15 - Meeting cancelled [HB24 Detail]
Download: Texas-2013-HB24-Introduced.html
| 83S20026 AJA-D | ||
| By: Callegari | H.B. No. 24 | |
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| relating to certain eminent domain authority and the 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 [ |
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| 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; | ||
| SUSPENSION [ |
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| SECTION 3. Section 2206.101(c), Government Code, is amended | ||
| to read as follows: | ||
| (c) An [ |
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| letter in accordance with Subsection (b) on or before the date | ||
| prescribed by that subsection may not [ |
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| power of eminent domain before the 90th day after the date [ |
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| 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) and (e) 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 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. | ||
