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.