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.