Amend CSHB 2702 by inserting appropriately numbered SECTIONS
to read as follows:
SECTION ___. Section 21.021(a), Property Code, is amended
to read as follows:
(a) After the special commissioners have made an award in a
condemnation proceeding, except as provided by Subsection (c) [of
this section], the condemnor may take possession of the condemned
property pending the results of further litigation if the
condemnor:
(1) pays to the property owner the amount of damages
and costs awarded by the special commissioners or deposits that
amount of money with the court subject to the order of the property
owner;
(2) deposits with the court either the amount of money
awarded by the special commissioners as damages or a surety bond in
the same amount issued by a surety company qualified to do business
in this state, conditioned to secure the payment of an award of
damages by the court in excess of the award of the special
commissioners; [and]
(3) executes a bond that has two or more good and
solvent sureties approved by the judge of the court in which the
proceeding is pending and conditioned to secure the payment of
additional costs that may be awarded to the property owner by the
trial court or on appeal; and
(4) obtains from the court a writ of possession or
other order entitling the condemnor to possession of the condemned
property.
SECTION ___. Section 21.021(a), Property Code, as amended
by this Act, applies only to a condemnation proceeding the petition
for which is filed on or after the effective date of this Act. A
condemnation proceeding the petition for which is filed before the
effective date of this Act is governed by the law in effect at the
time the petition was filed, and that law is continued in effect for
that purpose.