78S10175 YDB-D

By:  Smith of Harris                                              H.B. No. 75 



A BILL TO BE ENTITLED

AN ACT

relating to the power of a commissioners court in certain counties 
to expand the jurisdiction of a county civil court at law to include 
condemnation proceedings.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 81, Local Government Code, 
is amended by adding Section 81.034 to read as follows:
	Sec. 81.034.  CONDEMNATION PROCEEDINGS IN CERTAIN COUNTIES.  
(a)  This section applies only to a commissioners court of a county 
with a population of three million or more.
	(b)  Notwithstanding any other law, a commissioners court 
may expand the jurisdiction of a county civil court at law so that 
the court has concurrent jurisdiction with the district court of 
eminent domain proceedings, both statutory and inverse, regardless 
of the amount in controversy.
	(c)  Notwithstanding Section 21.013, Property Code, a party 
initiating a condemnation proceeding may file a petition with any 
clerk authorized to accept the petition for the district court.
	(d)  A condemnation proceeding shall be assigned by rotation 
to a court with jurisdiction to hear the proceeding.
	(e)  Notwithstanding Section 62.301, Government Code, for a 
condemnation proceeding before a county civil court at law, a party 
may elect to have the proceeding tried before a jury of 12 persons.
	SECTION 2.  This Act takes effect November 1, 2003.