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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing actual progress for the purposes of |
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determining the right to repurchase real property from a condemning |
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entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.101, Property Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) In this section, "actual progress" means the completion |
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of three [two] or more of the following actions: |
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(1) the performance of a significant amount of labor |
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to develop the property or other property acquired for the same |
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public use project for which the property owner's property was |
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acquired; |
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(2) the provision of a significant amount of materials |
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to develop the property or other property acquired for the same |
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public use project for which the property owner's property was |
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acquired; |
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(3) the hiring of or contracting with and the |
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performance of a significant amount of work by an architect, |
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engineer, or surveyor to prepare a plan, [or] plat, or easement that |
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includes the property or other property acquired for the same |
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public use project for which the property owner's property was |
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acquired; |
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(4) application for state or federal funds to develop |
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the property or other property acquired for the same public use |
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project for which the property owner's property was acquired; or |
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(5) application for a state or federal permit or |
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certificate to develop the property or other property acquired for |
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the same public use project for which the property owner's property |
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was acquired. |
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(b-1) Notwithstanding Subsection (b), a navigation district |
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or port authority, or a water district implementing a project |
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included in the state water plan adopted by the Texas Water |
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Development Board, may establish actual progress for purposes of |
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this section by: |
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(1) the completion of one action described by |
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Subsection (b); and |
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(2) [; (6) the acquisition of a tract or parcel of real |
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property adjacent to the property for the same public use project |
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for which the owner's property was acquired; or |
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[(7) for a governmental entity,] the adoption by a |
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majority of the entity's governing body at a public hearing of a |
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development plan for a public use project that indicates that the |
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entity will not complete more than one action described by |
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Subsection (b) [Subdivisions (1)-(6)] before the 10th anniversary |
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of the date of acquisition of the property. |
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SECTION 2. Section 21.101, Property Code, as amended by |
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this Act, applies only to a real property interest acquired in |
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connection with a condemnation proceeding in which the petition is |
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filed on or after the effective date of this Act. A real property |
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interest acquired in connection with a condemnation proceeding in |
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which the petition is filed before the effective date of this Act is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |