78R2454 QS-D
By: Coleman H.B. No. 783
A BILL TO BE ENTITLED
AN ACT
relating to public participation in certain condemnation
proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 21, Property Code, is
amended by adding Section 21.0112 to read as follows:
Sec. 21.0112. PUBLIC PARTICIPATION REQUIREMENT. (a) A
governing body of an institution of higher education, as defined by
Section 61.003, Education Code, with eminent domain authority that
seeks to acquire more than one unit of residential real property by
condemnation shall hold a public hearing on the proposed
acquisition at which public testimony regarding the proposed
acquisition is allowed.
(b) The hearing must be held in a location readily
accessible to persons who would be affected by the proposed
acquisition.
(c) Not later than the 30th day before the date of the
hearing, the governing body shall, in addition to providing any
other notice required by law:
(1) provide notice by registered or certified mail to:
(A) the state senator and state representative
who represent each district in which all or part of the property is
located;
(B) the mayor and each city council member of
each municipality in which all or part of the property is located;
and
(C) the owner of record of each unit of
residential real property the institution of higher education seeks
to acquire; and
(2) publish notice in one or more newspapers of
general circulation in each county in which all or part of the
property is located.
(d) The notice must include:
(1) the time, date, and location of the hearing;
(2) the address of each unit of residential real
property under consideration; and
(3) the proposed use of the property.
SECTION 2. The change in law made by this Act applies only
to the acquisition of residential real property by an institution
of higher education initiated on or after the effective date of this
Act. The acquisition of residential real property by an
institution of higher education initiated before the effective date
of this Act is governed by the law in effect at the time the
acquisition is initiated, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2003.