Bill Text: TX HB364 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to condominiums in certain municipalities, including the exercise of eminent domain authority by those municipalities with respect to certain condominiums.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB364 Detail]
Download: Texas-2011-HB364-Comm_Sub.html
Bill Title: Relating to condominiums in certain municipalities, including the exercise of eminent domain authority by those municipalities with respect to certain condominiums.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB364 Detail]
Download: Texas-2011-HB364-Comm_Sub.html
82R976 NC-F | ||
By: Turner | H.B. No. 364 |
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relating to condominiums in certain municipalities, including the | ||
exercise of eminent domain authority by those municipalities with | ||
respect to certain condominiums. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2206.001(b), Government Code, is amended | ||
to read as follows: | ||
(b) A governmental or private entity may not take private | ||
property through the use of eminent domain if the taking: | ||
(1) confers a private benefit on a particular private | ||
party through the use of the property; | ||
(2) is for a public use that is merely a pretext to | ||
confer a private benefit on a particular private party; or | ||
(3) is for economic development purposes, unless the | ||
economic development is a secondary purpose resulting from: | ||
(A) municipal community development or municipal | ||
urban renewal activities to eliminate an existing affirmative harm | ||
on society from slum or blighted areas under: | ||
(i) [ |
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Government Code, other than an activity described by Section | ||
373.002(b)(5), Local Government Code; or | ||
(ii) [ |
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Code; or | ||
(B) the elimination of urban blight under | ||
Subchapter I, Chapter 214, Local Government Code. | ||
SECTION 2. The heading to Section 82.118, Property Code, is | ||
amended to read as follows: | ||
Sec. 82.118. SERVICE OF PROCESS ON UNIT OWNERS IN CERTAIN | ||
MUNICIPALITIES; CHANGE OF ADDRESS REQUIRED. | ||
SECTION 3. Section 82.118, Property Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) Not later than the 90th day after the date a unit owner | ||
changes the unit owner's mailing address, the owner must provide | ||
written notice of the owner's new address to the appraisal district | ||
in which the condominium is located. | ||
SECTION 4. Section 82.153(a), Property Code, is amended to | ||
read as follows: | ||
(a) A condominium information statement must contain or | ||
accurately disclose: | ||
(1) the name and principal address of the declarant | ||
and of the condominium; | ||
(2) a general description of the condominium that | ||
includes the types of units and the maximum number of units; | ||
(3) the minimum and maximum number of additional | ||
units, if any, that may be included in the condominium; | ||
(4) a brief narrative description of any development | ||
rights reserved by a declarant and of any conditions relating to or | ||
limitations upon the exercise of development rights; | ||
(5) copies of the declaration, articles of | ||
incorporation of the association, the bylaws, any rules of the | ||
association, and amendments to any of them, and copies of leases and | ||
contracts, other than loan documents, that are required by the | ||
declarant to be signed by purchasers at closing; | ||
(6) a projected or pro forma budget for the | ||
association that complies with Subsection (b) for the first fiscal | ||
year of the association following the date of the first conveyance | ||
to a purchaser, identification of the person who prepared the | ||
budget, and a statement of the budget's assumptions concerning | ||
occupancy and inflation factors; | ||
(7) a general description of each lien, lease, or | ||
encumbrance on or affecting the title to the condominium after | ||
conveyance by the declarant; | ||
(8) a copy of each written warranty provided by the | ||
declarant; | ||
(9) a description of any unsatisfied judgments against | ||
the association and any pending suits to which the association is a | ||
party or which are material to the land title and construction of | ||
the condominium of which a declarant has actual knowledge; | ||
(10) a general description of the insurance coverage | ||
provided for the benefit of unit owners; | ||
(11) current or expected fees or charges to be paid by | ||
unit owners for the use of the common elements and other facilities | ||
related to the condominium; and | ||
(12) for a condominium located wholly or partly in a | ||
municipality with a population of more than 1.9 million a statement | ||
that a unit owner: | ||
(A) as an alternative to personal service, may be | ||
served with process by the municipality or the municipality's agent | ||
for a judicial or administrative proceeding initiated by the | ||
municipality and directly related to the unit owner's property | ||
interest in the condominium by serving the unit owner at the unit | ||
owner's last known address, according to the records of the | ||
appraisal district in which the condominium is located, by any | ||
means permitted by Rule 21a, Texas Rules of Civil Procedure; | ||
(B) shall [ |
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district in writing of a change in the unit owner's mailing address | ||
not later than the 90th day after the date the unit owner changes | ||
the address; and | ||
(C) may not offer proof in the judicial or | ||
administrative proceeding, or in a subsequent related proceeding, | ||
that otherwise proper service by mail of the notice was not received | ||
not later than three days after the date the notice was deposited in | ||
a post office or official depository under the care and custody of | ||
the United States Postal Service. | ||
SECTION 5. Chapter 214, Local Government Code, is amended | ||
by adding Subchapter I to read as follows: | ||
SUBCHAPTER I. EMINENT DOMAIN AUTHORITY OF CERTAIN MUNICIPALITIES | ||
TO TAKE ABANDONED CONDOMINIUMS | ||
Sec. 214.301. APPLICABILITY. This subchapter applies only | ||
to a municipality with a population of more than 1.9 million. | ||
Sec. 214.302. DEFINITION. In this subchapter, | ||
"condominium" means a condominium as defined by Section 81.002 or | ||
82.003, Property Code. | ||
Sec. 214.303. EMINENT DOMAIN AUTHORITY. A municipality may | ||
take a condominium through the use of eminent domain if: | ||
(1) all lawful occupation of or construction activity | ||
for the condominium has ceased, or reasonably appears to have | ||
ceased, for more than 365 consecutive days; and | ||
(2) the taking is for the elimination of urban blight | ||
on the particular parcel of property where the condominium is | ||
located. | ||
SECTION 6. The change in law made by this Act applies only | ||
to a condemnation proceeding in which the condemnation petition is | ||
filed on or after the effective date of this Act and to any property | ||
condemned through the proceeding. A condemnation proceeding in | ||
which the condemnation petition is filed before the effective date | ||
of this Act and any property condemned through the proceeding are | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and that law is continued in effect for that purpose. | ||
SECTION 7. This Act takes effect September 1, 2011. |