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.