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


Senate Research CenterC.S.S.B. 10
78S10436 YDB-DBy: Lindsay
Jurisprudence
7/15/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

C.S.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 Section 25.1032 or 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.