By Hilbert                                            H.B. No. 1186
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a special commissioners' hearing and the effects of
 1-3     certain claim assertions in an eminent domain proceeding.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 21.015, Property Code, is amended to read
 1-6     as follows:
 1-7           Sec. 21.015.  HEARING.  (a)  The special commissioners in an
 1-8     eminent domain proceeding shall promptly schedule a hearing to be
 1-9     held for the parties:
1-10                 (1)  on a date not later than the 90th day after the
1-11     date the special commissioners are appointed under Section 21.014;
1-12     [at the earliest practical time] and
1-13                 (2)  at a place that is as near as practical to the
1-14     property being condemned or at the county seat of the county in
1-15     which the proceeding is being held.
1-16           (b)  If a special commissioners' hearing scheduled under
1-17     Subsection (a) has not commenced within the period prescribed by
1-18     Subsection (a), the court shall dismiss the condemnation proceeding
1-19     unless:
1-20                 (1)  the condemnor and the property owner have agreed
1-21     to delay the commencement of the hearing; or
1-22                 (2)  the court finds that:
1-23                       (A)  the condemnor has proceeded in a diligent
1-24     manner in pursuing the condemnation proceeding; and
 2-1                       (B)  the delay in commencing the hearing is not
 2-2     substantially attributable to the condemnor.
 2-3           (c) [(b)]  After notice of the hearing has been served, the
 2-4     special commissioners shall hear the parties at the scheduled time
 2-5     and place or at any other time or place to which they may adjourn
 2-6     the hearing.
 2-7           SECTION 2.  Section 21.017, Property Code, is amended by
 2-8     adding Subsections (c)-(e) to read as follows:
 2-9           (c)  A party who pleads in the alternative may not enter or
2-10     use the property that is the subject of the proceeding without
2-11     written permission of the adverse party until the court determines
2-12     that the party who pleads in the alternative has acquired the
2-13     rights necessary to enter and use the property for a public
2-14     purpose.
2-15           (d)  If the court determines that a party described by
2-16     Subsection (a) does not own the property, the court shall award the
2-17     property owner:
2-18                 (1)  any damages caused by the party's wrongful
2-19     possession and use of the property; and
2-20                 (2)  all reasonable expenses, including reasonable and
2-21     necessary attorney's fees.
2-22           (e)  This section does not apply to a party described by
2-23     Subsection (a) that has acquired an interest in property, but has
2-24     in good faith constructed an improvement on property outside the
2-25     boundaries of the property the party has acquired.
2-26           SECTION 3.  (a)  The change in law made by Section 21.015,
2-27     Property Code, as amended by this Act, applies only to a
 3-1     condemnation proceeding for which the petition is filed on or after
 3-2     the effective date of this Act.  A condemnation proceeding for
 3-3     which the petition was filed before the effective date of this Act
 3-4     is governed by the law in effect when the petition was filed, and
 3-5     the former law is continued in effect for that purpose.
 3-6           (b)  The change in law made by Section 21.017, Property Code,
 3-7     as amended by this Act, applies only to a party who enters and uses
 3-8     property as described by that section on or after the effective
 3-9     date of this Act.
3-10           SECTION 4.  The importance of this legislation and the
3-11     crowded condition of the calendars in both houses create an
3-12     emergency and an imperative public necessity that the
3-13     constitutional rule requiring bills to be read on three several
3-14     days in each house be suspended, and this rule is hereby suspended,
3-15     and that this Act take effect and be in force from and after its
3-16     passage, and it is so enacted.