SRC-TJG S.B. 10 78(1)   BILL ANALYSIS


Senate Research Center   S.B. 10
By: Lindsay
Jurisprudence
7/10/2003
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 10 provides for concurrent jurisdiction between the
district and county civil courts at law for eminent domain proceedings in
a county with a population of three million or more.  This bill also
requires a condemnation proceeding to be assigned by rotation to a court
with jurisdiction to hear the proceeding and states that a party pursuing
an eminent domain case before a county civil court has the right to a 12
person jury. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 25, Government Code, by adding
Section 25.0020, as follows: 

Sec. 25.0020.  CONDEMNATION PROCEEDINGS IN CERTAIN COUNTIES.  (a) Provides
that this section applies only to a county with a population of three
million or more. 

(b) Provides that notwithstanding any other law, a county civil court at
law has concurrent jurisdiction with the district court of eminent domain
proceedings, both statutory and inverse, regardless of the amount in
controversy. 

(c) Authorizes a party initiating a condemnation proceeding,
notwithstanding Section 21.013, Property Code (Venue; Fees and Processing
for Suit Filed in District Court), to file a petition with any clerk
authorized to accept the petition for the district court. 

(d) Requires a condemnation proceeding to be assigned by rotation to a
court with jurisdiction to hear the proceeding. 

(e) Authorizes a party, notwithstanding Section 62.301, for a condemnation
proceeding before a county civil court at law, to elect to have the
proceeding tried before a jury of 12 persons. 

SECTION 2.  Effective date: November 1, 2003.