HBA-NLM, C.S.H.B. 1186 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1186 By: Hilbert Land & Resource Management 4/30/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law requires the special commissioners in an eminent domain proceeding to promptly schedule a hearing for the parties at the earliest practical time. However, no provision exists to specify a time by which the hearing must commence. C.S.H.B. 1186 requires that an evidentiary hearing before the special commissioners commence no later than 90 days after a condemnation petition is filed with the appropriate court. This bill requires the court to dismiss the condemnation proceeding if the special commissioners' hearing has not commenced within 90 days after a condemnation petition is filed, unless the condemning party can prove to the court that it has diligently prosecuted the condemnation proceeding and that the delay in the commencement of the special commissioners' hearing is not substantially attributable to it, or unless a longer period of time has been agreed upon by the parties. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 21.015, Property Code, to require the special commissioners in an eminent domain proceeding to promptly schedule a hearing to be held for the parties no later than 90 days after a condemnation petition is filed with the appropriate court. Requires the court to dismiss the condemnation proceeding if the special commissioners' hearing has not commenced within 90 days after a condemnation petition is filed, unless the condemnor and the property owner have agreed to delay the commencement of the hearing, or the court finds that the condemnor has proceeded in a diligent manner in pursuing the condemnation proceeding and the delay in commencing the hearing is not substantially attributable to the condemnor. SECTION 2. Makes application of this Act prospective. SECTION 3. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1186 modifies the original by conforming to Legislative Council format. The ideas expressed in Section 21.015(c) of the original bill are incorporated into Sections 21.015(a) and (b) of the substitute. C.S.H.B. 1186 modifies the original by adding new SECTION 2 to make the application of this Act prospective. C.S.H.B. 1186 modifies the original by adding new SECTION 3 (long emergency clause).