H.B. No. 198
1-1 AN ACT
1-2 relating to the filing and processing of condemnation proceedings.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 21.013, Property Code, is amended to read
1-5 as follows:
1-6 Sec. 21.013. VENUE; FEES AND PROCESSING FOR SUIT FILED IN
1-7 DISTRICT COURT. (a) The venue of a condemnation proceeding is the
1-8 county in which the owner of the property being condemned resides
1-9 if the owner resides in a county in which part of the property is
1-10 located. Otherwise, the venue of a condemnation proceeding is any
1-11 county in which at least part of the property is located.
1-12 (b) Except where otherwise provided by law, a party
1-13 initiating a condemnation proceeding in a county in which there is
1-14 one or more county courts <court> at law with jurisdiction may
1-15 <must> file the petition with any <the judge of that court or, if
1-16 there is more than one county court at law with jurisdiction, with
1-17 the county> clerk authorized to handle filings for that court or
1-18 courts.
1-19 (c) A party initiating a condemnation proceeding in a county
1-20 in which there is not a county court at law <with jurisdiction>
1-21 must file the condemnation petition with the <district judge or, if
1-22 there is more than one district court in the county, with the>
1-23 district clerk. The filing fee shall be due at the time of filing
1-24 in accordance with Section 51.317, Government Code.
2-1 (d) District and county clerks shall assign an equal number
2-2 of eminent domain cases in rotation to each court with jurisdiction
2-3 that the clerk serves.
2-4 SECTION 2. The changes in law made by this Act apply only to
2-5 a condemnation proceeding for which the petition is filed on or
2-6 after the effective date of this Act. A condemnation proceeding
2-7 for which the petition was filed before that date is governed by
2-8 the law as it existed on the date of filing, and that law is
2-9 continued in effect for that purpose.
2-10 SECTION 3. This Act takes effect September 1, 1993.
2-11 SECTION 4. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.