1-1 By: Rudd (Senate Sponsor - Zaffirini) H.B. No. 198
1-2 (In the Senate - Received from the House April 5, 1993;
1-3 April 5, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 4, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 5, Nays 0; May 4, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 COMMITTEE AMENDMENT NO. 1 By: Luna
1-16 Amend H.B. No. 198 in Section 1 of the bill, in Section 21.013(d),
1-17 Property Code, by striking "A district court or county court at law
1-18 may not by local rule or order alter the rotational assignment of
1-19 cases provided by this subsection." (page 2, lines 2 through 4,
1-20 House Engrossment).
1-21 COMMITTEE AMENDMENT NO. 2 By: Luna
1-22 Amend H.B. 198 as follows:
1-23 Delete Section 1(b) and add the following new Section 1(b):
1-24 Except where otherwise provided by law, a party initiating a
1-25 condemnation proceeding in a county in which there is one or more
1-26 county courts <court> at law with jurisdiction may file the
1-27 petition with any <the judge of that court or, if there is more
1-28 than one county court at law with jurisdiction, with the county>
1-29 clerk authorized to handle filings for that court or courts.
1-30 A BILL TO BE ENTITLED
1-31 AN ACT
1-32 relating to the filing and processing of condemnation proceedings.
1-33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-34 SECTION 1. Section 21.013, Property Code, is amended to read
1-35 as follows:
1-36 Sec. 21.013. VENUE; FEES AND PROCESSING FOR SUIT FILED IN
1-37 DISTRICT COURT. (a) The venue of a condemnation proceeding is the
1-38 county in which the owner of the property being condemned resides
1-39 if the owner resides in a county in which part of the property is
1-40 located. Otherwise, the venue of a condemnation proceeding is any
1-41 county in which at least part of the property is located.
1-42 (b) Except where otherwise provided by law, a party
1-43 initiating a condemnation proceeding in a county in which there is
1-44 one or more county courts <court> at law may <with jurisdiction
1-45 must> file the petition with either the <judge of that court or, if
1-46 there is more than one county court at law with jurisdiction, with
1-47 the> county clerk or the district clerk.
1-48 (c) A party initiating a condemnation proceeding in a county
1-49 in which there is not a county court at law <with jurisdiction>
1-50 must file the condemnation petition with the <district judge or, if
1-51 there is more than one district court in the county, with the>
1-52 district clerk. The filing fee shall be due at the time of filing
1-53 in accordance with Section 51.317, Government Code.
1-54 (d) District and county clerks shall assign an equal number
1-55 of eminent domain cases in rotation to each court with jurisdiction
1-56 that the clerk serves. A district court or county court at law may
1-57 not by local rule or order alter the rotational assignment of cases
1-58 provided by this subsection.
1-59 SECTION 2. The changes in law made by this Act apply only to
1-60 a condemnation proceeding for which the petition is filed on or
1-61 after the effective date of this Act. A condemnation proceeding
1-62 for which the petition was filed before that date is governed by
1-63 the law as it existed on the date of filing, and that law is
1-64 continued in effect for that purpose.
1-65 SECTION 3. This Act takes effect September 1, 1993.
1-66 SECTION 4. The importance of this legislation and the
1-67 crowded condition of the calendars in both houses create an
1-68 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended.
2-3 * * * * *
2-4 Austin,
2-5 Texas
2-6 May 4, 1993
2-7 Hon. Bob Bullock
2-8 President of the Senate
2-9 Sir:
2-10 We, your Committee on Jurisprudence to which was referred H.B. No.
2-11 198, have had the same under consideration, and I am instructed to
2-12 report it back to the Senate with the recommendation that it do
2-13 pass, as amended, and be printed.
2-14 Henderson,
2-15 Chairman
2-16 * * * * *
2-17 WITNESSES
2-18 No witnesses appeared on H.B. No. 198.