By:  Nixon                                                        H.B. No. 2033



A BILL TO BE ENTITLED

AN ACT

relating to procedures in condemnation proceedings in certain 
counties.     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 25, Government Code, is 
amended by adding Section 25.0020 to read as follows:
	Sec. 25.0020.  RIGHTS, DUTIES, AND PROCEDURES IN 
CONDEMNATION PROCEEDINGS IN CERTAIN POPULOUS COUNTIES.  (a)  This 
section applies only to a county with a population of three million 
or more.
	(b)  Notwithstanding Section 25.1032 or any other law, a 
county civil court at law has concurrent jurisdiction with the 
district court of eminent domain proceedings, both statutory and 
inverse, except that the county civil court does not have 
jurisdiction over eminent domain proceedings in which the matter in 
controversy exceeds $100,000, excluding any interest and 
attorney's fees and costs, as alleged on the face of the petition.  
If an eminent domain 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.
	(c)  Notwithstanding Section 21.013, Property Code, a party 
initiating a condemnation proceeding shall file a petition with any 
clerk authorized to accept the petition for the district courts.
	(d)  A condemnation proceeding shall be assigned by rotation 
to a court with jurisdiction to hear the proceeding.
	(e)  Notwithstanding Sections 25.0007 and 62.301, for a 
condemnation proceeding before a county civil court at law, a party 
may elect in a timely filed jury demand to have the proceeding tried 
before a jury of 12 persons.
	SECTION 3.  This Act takes effect September 1, 2005.