C.S.H.B. 2478 78(R)    BILL ANALYSIS


C.S.H.B. 2478
By: Callegari
Land & Resource Management
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Property Code does not address inverse condemnation lawsuits
involving the flooding of land upstream from a reservoir.  

C.S.H.B. 2478 adds a new chapter to the Property Code specifying the
procedures for an inverse condemnation case.  The bill defines the parties
to an inverse condemnation case, establishes a basis for determining a
venue, and allows for the bifurcation of a trial depending upon the
finding of a taking. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.  Amends Title 4, Property Code, by adding Chapter 30 as follows:

Authorizes district courts and county courts at law to have concurrent
jurisdiction in inverse condemnation cases.   

Requires a county court at law to transfer a case to a district court if
there is an issue that cannot be adjudicated by the county court.   

Authorizes a district court to determine all issues in an inverse
condemnation case.   

Requires a judge in an inverse condemnation case to order a bench trial to
determine if private property was damaged for a public purpose without
compensation and to resolve any jurisdictional matters.   

Requires a judge to order a jury trial, upon request, if the judge finds
that damage to the property occurred. 

Requires a judge to dismiss a trial if no damage to the property occurred.

SECTION 2.  Act prospective.

SECTION 3.  Effective date.

EFFECTIVE DATE

September 1, 2003 unless the Act receives the vote necessary for immediate
effect. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2478 deletes the provision that requires that all upstream
reservoirs with a flood storage capacity of 5,000 acre feet become
necessary parties in an inverse condemnation case alleging  damage from
flooding.   

C.S.H.B. 2478 deletes the venue provision found in the introduced version.

C.S.H.B. 2478 requires a judge to order a jury trial, upon request, if the
judge finds that damage to the property occurred. The introduced version
authorizes a judge to order a jury trial if the judge finds that damage to
the property occurred.