78R7207 QS-F

By:  Callegari                                                    H.B. No. 2478



A BILL TO BE ENTITLED

AN ACT

relating to inverse condemnation cases.                                       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 4, Property Code, is amended by adding 
Chapter 30 to read as follows:

CHAPTER 30.  INVERSE CONDEMNATION
	Sec. 30.001.  CONCURRENT JURISDICTION.  District courts and 
county courts at law have concurrent jurisdiction in inverse 
condemnation cases.  A county court has no jurisdiction in inverse 
condemnation cases.
	Sec. 30.002.  TRANSFER OF CASES.  If an inverse condemnation 
case is pending in a county court at law and the court determines 
that the case involves an issue of title or any other matter that 
cannot be fully adjudicated in that court, the judge shall transfer 
the case to a district court.
	Sec. 30.003.  DISTRICT COURT AUTHORITY.  A district court 
may determine all issues in an inverse condemnation case, including 
whether property has been taken or damaged for a public purpose 
without compensation and the assessment of damages, in any suit in 
which this state, a political subdivision of this state, a person, 
an association of persons, or a corporation is a party.
	Sec. 30.004.  STANDARD PROCEDURE.  (a)  The judge of a court 
in which an inverse condemnation petition is filed shall order a 
bench trial to:
		(1)  determine whether the property owned by the 
plaintiff was taken or damaged for a public purpose without 
compensation; and
		(2)  resolve any jurisdictional matters.                               
	(b)  If the judge determines that the taking of or damage to 
the property occurred, the judge may conduct a jury trial on 
valuation issues.
	(c)  If the judge determines that the taking of or damage to 
the property has not occurred, the judge shall dismiss the 
petition.
	Sec. 30.005.  NECESSARY PARTIES IN CERTAIN CASES.  (a)  In an 
inverse condemnation suit alleging a taking of or damage to 
property as a result of flooding caused by a release of water from a 
reservoir, all upstream reservoirs with a flood storage capacity of 
5,000 acre feet or more are necessary parties and must be joined as 
parties.
	(b)  If an upstream reservoir is not joined as required under 
Subsection (a), the court shall order that the reservoir be joined 
as a party.
	Sec. 30.006.  VENUE IN CERTAIN CASES.  An inverse 
condemnation action arising from flooding, the impoundment of 
water, the discharge of water into a natural watercourse, or the 
construction or operation of dams for flood control shall be 
brought in the county in which the principal office of the defendant 
is located.
	SECTION 2.  The change in law made by this Act applies only 
to an inverse condemnation action filed on or after the effective 
date of this Act.  An inverse condemnation action filed before the 
effective date of this Act is governed by the law in effect on the 
date the action was filed, and the former law is continued in effect 
for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.