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.