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.