By:  Moncrief                                 S.B. No. 697

         97S0368/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the pendency of an administrative proceeding concerning

 1-2     real property.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subsections (a) and (b), Section 12.007, Property

 1-5     Code, are amended to read as follows:

 1-6           (a)  After the plaintiff's statement in an eminent domain

 1-7     proceeding is filed or during the pendency of an action involving

 1-8     title to real property, the establishment of an interest in real

 1-9     property, the pendency of an administrative proceeding of a

1-10     municipal government in the enforcement of that entity's police or

1-11     regulatory powers involving real property, or the enforcement of an

1-12     encumbrance against real property, a party to the action who is

1-13     seeking affirmative relief may file for record with the county

1-14     clerk of each county where a part of the property is located a

1-15     notice that the action is pending.

1-16           (b)  The party filing a lis pendens or the party's agent or

1-17     attorney shall sign the lis pendens, which must state:

1-18                 (1)  the style and number, if any, of the proceeding;

1-19                 (2)  the court in which, or municipal government's

1-20     governing body, council, commission, board, or hearing officer

1-21     before which, the proceeding is pending;

1-22                 (3)  the names of the parties;

1-23                 (4)  the kind of proceeding; and

 2-1                 (5)  a description of the property affected.

 2-2           SECTION 2.  (a)  The change in law made by this Act applies

 2-3     only to an administrative proceeding that commences on or after the

 2-4     effective date of this Act.

 2-5           (b)  An administrative proceeding commenced before the

 2-6     effective date of this Act is governed by the law in effect when

 2-7     the proceeding commenced, and the former law is continued in effect

 2-8     for that purpose.

 2-9           SECTION 3.  This Act takes effect September 1, 1997.

2-10           SECTION 4.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended.