Bill Text: TX SB243 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the authority of a commissioners court to disapprove of certain condemnations.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-01-30 - Referred to State Affairs [SB243 Detail]

Download: Texas-2017-SB243-Introduced.html

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85R2420 LHC-D
By: Burton S.B. No. 243

A BILL TO BE ENTITLED
AN ACT
relating to the authority of a commissioners court to disapprove of
certain condemnations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 21, Property Code, is
amended by adding Section 21.0114 to read as follows:
Sec. 21.0114. PETITION FOR DISAPPROVAL OF CERTAIN
CONDEMNATIONS. (a) This section applies only to the condemnation
of property by:
(1) a public entity exercising its eminent domain
authority if the property:
(A) qualifies as a residence homestead under
Section 11.13, Tax Code, or is adjacent to a residence homestead
provided that the adjacent property and the residence homestead
have identical ownership; and
(B) is located outside the territorial
boundaries of the entity; or
(2) a private entity exercising its eminent domain
authority.
(b) Not later than the 30th day after the date the property
owner receives a final offer from the entity, the property owner may
file a petition with the commissioners court of the county in which
a majority of the property to be condemned is located for the
disapproval of the condemnation.
(c) If the property owner files the petition with the
commissioners court, the commissioners court shall hold a hearing
to determine whether to approve the condemnation of the property.
The entity may not initiate a condemnation proceeding under Section
21.012 for the property unless a majority of the commissioners
court approves the condemnation of the property.
SECTION 2. Section 21.0114, Property Code, as added by this
Act, applies only to a condemnation in which an initial offer is
made under Section 21.0113, Property Code, on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2017.