By Hilbert H.B. No. 1185
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the preservation of the rights of property owners
1-3 through a uniform procedure to acquire and condemn an interest in
1-4 property.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 21.017, Property Code, is amended to read
1-7 as follows:
1-8 Sec. 21.017. ALTERNATIVE PLEADINGS. (a) This state, a
1-9 political subdivision of this state, a person, an association of
1-10 persons, or a corporation that is a party to a suit covered by
1-11 Section 21.003 of this code by petition, cross-bill, or plea of
1-12 intervention may assert a claim to the property or, alternatively,
1-13 seek to condemn the property.
1-14 (b) A plea under this section is not an admission of an
1-15 adverse party's title to the property in controversy.
1-16 (c) If a party, as provided in subsection (a), asserts a
1-17 claim to property that it is occupying or otherwise using and,
1-18 thereafter, it is determined that the party knowingly failed to
1-19 acquire all legal interests in the property that would entitle the
1-20 party to fully use and occupy the property for the purposes for
1-21 which the property is being occupied and used, the court shall
2-1 order the party to surrender possession of the property, dismiss
2-2 any action that the party has filed pursuant to subsection (a) and,
2-3 upon dismissal, make an allowance to the property owner for the
2-4 same relief as is provided a property owner in Section 21.0195(c).
2-5 Thereafter, the party shall not be entitled to possess the property
2-6 for any purpose until it has complied fully with the standard
2-7 procedures to condemn provided in Sections 21.0111 through 21.016
2-8 of this Code.
2-9 SECTION 2. This Act applies to all pending cases and
2-10 proceedings and to those filed on or after the effective date of
2-11 this Act.
2-12 SECTION 3. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.