76R10601 PAM-F
By Hilbert H.B. No. 1186
Substitute the following for H.B. No. 1186:
By Turner of Coleman C.S.H.B. No. 1186
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the commencement of a special commissioners' hearing in
1-3 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 condemnation petition is filed with the appropriate court;
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. The change in law made by this Act applies only
2-8 to a condemnation proceeding for which the petition is filed on or
2-9 after the effective date of this Act. A condemnation proceeding
2-10 for which the petition was filed before the effective date of this
2-11 Act is governed by the law in effect when the petition was filed,
2-12 and the former law is continued in effect for that purpose.
2-13 SECTION 3. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended,
2-18 and that this Act take effect and be in force from and after its
2-19 passage, and it is so enacted.