By Bosse H.B. No. 2515 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the possession of property by the Texas Department of 1-3 Transportation. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 300, Acts of the 55th Legislature, 1-6 Regular Session, 1957 (Article 6674w-1 et seq., Vernon's Texas 1-7 Civil Statutes), is amended by adding Section 4B to read as 1-8 follows: 1-9 Sec. 4B. POSSESSION OF PROPERTY AND DECLARATION OF TAKING. 1-10 (a) The Texas Department of Transportation may file a declaration 1-11 of taking with the clerk of the court in which the department files 1-12 a petition in a condemnation proceeding under Chapter 21, Property 1-13 Code, or of the court to which the case is assigned. 1-14 (b) The declaration of taking may be filed concurrently with 1-15 or subsequent to the petition, but prior to the date on which the 1-16 special commissioners file the award. 1-17 (c) The declaration of taking must include: 1-18 (1) a specific reference to the legislative authority 1-19 for the condemnation; 1-20 (2) a description of the property proposed for 1-21 condemnation, including the following information if applicable: 1-22 (A) the municipality in which the property is 1-23 located; 2-1 (B) the street address of the property; and 2-2 (C) the lot and block number of the property; 2-3 (3) a statement of the property interest that is 2-4 subject to condemnation; 2-5 (4) the name and address of each condemnee that the 2-6 department is able to obtain after reasonable investigation and the 2-7 nature of the condemnee's interest in the property; and 2-8 (5) a statement that immediate possession of all or 2-9 part of the property proposed for condemnation is necessary for the 2-10 timely construction of a project of the department; 2-11 (d) The declaration of taking must be accompanied by the 2-12 deposit in the registry of the court of an amount equal to the 2-13 appraised value which has been approved by the department to be 2-14 adequate compensation for the property being condemned. 2-15 (e) Immediately on the filing of the declaration of taking 2-16 the department shall, pursuant to any method prescribed under 2-17 Subsection (d), Section 21.016 of the Property Code, serve or cause 2-18 to be served upon the condemnee(s) and any party or parties in 2-19 possession a conformed copy of the declaration, and proof of such 2-20 service shall be filed with the clerk of the court in which the 2-21 petition is filed or to which an eminent domain case is assigned. 2-22 Thereupon, the department may take possession of the property 2-23 described therein, pending the results of further litigation. 2-24 (f) A condemnee or occupant who refuses to vacate the 2-25 property or yield possession is subject to the forcible entry and 3-1 detainer provisions of Chapter 24, Property Code. 3-2 (g) If the property being condemned is a homestead, or a 3-3 portion of a homestead, as defined by Section 41.002 of the 3-4 Property Code, a writ of possession may not be executed until a 3-5 minimum of thirty (30) days have elapsed from the date the 3-6 condemnee(s) and any party or parties in possession have been 3-7 served with notice pursuant to subsection (c) of this section. 3-8 (h) The date on which the declaration is filed is the date 3-9 of taking for the purpose of assessing damages to which a property 3-10 owner is entitled. 3-11 SECTION 2. The importance of this legislation and the 3-12 crowded condition of the calendars in both houses create an 3-13 emergency and an imperative public necessity that the 3-14 constitutional rule requiring bills to be read on three several 3-15 days in each house be suspended, and this rule is hereby suspended.