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.