Amend CSSB 62 by adding the following appropriately numbered
new SECTIONS to the bill, and renumber subsequent SECTIONS
accordingly:
SECTION __. Section 21.001, Property Code, is amended to
read as follows:
Sec. 21.001. CONCURRENT JURISDICTION. District courts and
county courts at law have concurrent jurisdiction in eminent domain
cases in every county in the state, notwithstanding any other law.
A county court has no jurisdiction in eminent domain cases.
SECTION __. Section 21.013, Property Code, is amended to
read as follows:
Sec. 21.013. VENUE; FEES AND PROCESSING FOR ACTION [SUIT]
FILED IN DISTRICT COURT. (a) The venue of a condemnation
proceeding is the county in which the owner of the property being
condemned resides if the owner resides in a county in which part of
the property is located. Otherwise, the venue of a condemnation
proceeding is any county in which at least part of the property is
located.
(b) Except where otherwise provided by law, a party
initiating a condemnation proceeding [in a county in which there is
one or more county courts at law with jurisdiction] shall file the
petition with any clerk authorized to handle such filings for a
[that] court that has jurisdiction in eminent domain cases [or
courts].
(c) [A party initiating a condemnation proceeding in a
county in which there is not a county court at law must file the
condemnation petition with the district clerk.] The filing fee
shall be due at the time of filing in accordance with Section
51.317, Government Code.
(d) District and county clerks shall assign an equal number
of eminent domain cases in rotation to each court with jurisdiction
that the clerk serves.
SECTION __. Sections 21.001 and 21.013, Property Code, as
amended by this Act, apply only to a condemnation proceeding
initiated on or after the effective date of this Act. A
condemnation proceeding initiated before the effective date of this
Act is governed by the law in effect immediately before that date,
and that law is continued in effect for that purpose.