Bill not drafted by TLC or Senate E&E. Line and page numbers may not match official copy. By Bosse H.B. No. 2566 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain procedures concerning condemnation of property 1-3 by the Texas Department of Transportation. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 21, Property Code, is 1-6 amended by adding Section 21.023 to read as follows: 1-7 Sec. 21.023. POSSESSION OF PROPERTY AND DECLARATION OF 1-8 TAKING. (a) In this section, "department" means the Texas 1-9 Department of Transportation. 1-10 (b) The department may file a declaration of taking as 1-11 provided by this section with the clerk of the court in which the 1-12 department files a condemnation petition or to which the eminent 1-13 domain case based on the petition is assigned. 1-14 (c) The declaration of taking may be filed after the 1-15 condemnation petition has been on file for 90 days but must be 1-16 filed before the date on which the special commissioners make an 1-17 award. 1-18 (d) The declaration of taking must include: 1-19 (1) a specific reference to the legislative authority 1-20 for the condemnation; 1-21 (2) a description of the property proposed for 1-22 condemnation, including the following information if applicable: 1-23 (A) the municipality in which the property is 1-24 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 property owner and 2-6 any party in possession that the department is able to obtain after 2-7 reasonable investigation and the nature of the property owner's 2-8 interest in the property; and 2-9 (5) a statement that immediate possession of all or 2-10 part of the property proposed for condemnation is necessary for the 2-11 timely construction of a department project. 2-12 (e) The declaration of taking must be accompanied by the 2-13 deposit in the registry of the court of an amount equal to the 2-14 appraised value that has been approved by the department to be 2-15 adequate compensation for the property being condemned. A deposit 2-16 under this subsection shall be credited against the award of the 2-17 special commissioners under Section 21.021 and the total damages 2-18 finally adjudged against the department, including any damages 2-19 under Section 21.044. 2-20 (f) As soon as practicable after the filing of the 2-21 declaration of taking, the department shall, by a method prescribed 2-22 for giving notice under Section 21.016(d), provide for serving on 2-23 each property owner and any party in possession a conformed copy of 2-24 the declaration. Proof of that service must be filed with the 2-25 clerk of the court in which the condemnation petition is filed or 2-26 to which the eminent domain case based on the petition is assigned. 2-27 Notwithstanding any other provision of this chapter, once proof is 2-28 filed, the department may take possession of the property described 2-29 in the declaration of taking, pending the subsequent procedures 2-30 under this chapter. 3-1 (g) A property owner or party in possession who refuses to 3-2 vacate the property or yield possession is subject to the forcible 3-3 entry and detainer provisions under Chapter 24. 3-4 (h) If the property being condemned is a homestead or a 3-5 portion of a homestead as defined by Section 41.002, a writ of 3-6 possession may not be executed before the 30th day after the date 3-7 the property owner and any party in possession are served with 3-8 notice under Subsection (f). 3-9 (i) The date on which the declaration is filed is the date 3-10 of taking for the purpose of assessing damages to which a property 3-11 owner is entitled. 3-12 SECTION 2. (a) This Act takes effect September 1, 1997. 3-13 (b) The changes in law made by this Act apply only to a 3-14 condemnation proceeding in which the petition is filed on or after 3-15 the effective date of this Act. 3-16 SECTION 3. The importance of this legislation and the 3-17 crowded condition of the calendars in both houses create an 3-18 emergency and an imperative public necessity that the 3-19 constitutional rule requiring bills to be read on three several 3-20 days in each house be suspended, and this rule is hereby suspended.