Bill Text: TX HB69 | 2013 | 83rd Legislature 1st 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) 2013-06-13 - Filed [HB69 Detail]
Download: Texas-2013-HB69-Introduced.html
83S10230 AJA-D | ||
By: Callegari | H.B. No. 69 |
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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. |