SRC-JLB C.S.S.B. 1206 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1206
78R12202 YDB-DBy: Lindsay
Jurisprudence
4/15/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, Harris County civil courts at law have exclusive jurisdiction
in eminent domain proceedings.  Some believe that Harris County district
court judges can effectively handle eminent domain proceedings, in
addition to their current duties.  C.S.S.B. 1206 provides for concurrent
jurisdiction between the district courts and county civil courts at law in
Harris County in eminent domain proceedings. 

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 Section 25.1032, Government Code, by amending
Subsection (c) and adding Subsection (m), as follows:  

(c)  Provides that a county civil court at law in Harris County has
concurrent, rather than exclusive, jurisdiction with the district court of
eminent domain proceedings, both statutory and inverse, regardless of the
amount in controversy.  Authorizes a party initiating a condemnation
proceeding in Harris County, notwithstanding Section 21.013, Property
Code, to file a petition with any clerk authorized to accept the petition
for the district courts.  Requires a condemnation proceeding to be
assigned by rotation to a court with jurisdiction to hear the proceeding. 

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

SECTION 2.  Effective date:  September 1, 2003.