79R9380 CAS-D

By:  Coleman                                                      H.B. No. 2537



A BILL TO BE ENTITLED

AN ACT

relating to the exercise of eminent domain authority by certain 
nonprofit charitable corporations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 6, Chapter 178, Acts of the 56th 
Legislature, Regular Session, 1959 (Article 3183b-1, Vernon's 
Texas Civil Statutes), is amended to read as follows:
	Sec. 6.  (a)  Except as provided by Subsection (b) of this 
section, the [The] power of eminent domain granted by this Act shall 
be exercised in accordance with Chapter 21, Property Code [the 
procedure, conditions, and provisions as prescribed in Title 52, 
Revised Civil Statutes of Texas, 1925, as amended].
	(b)  If a charitable corporation to which this Act applies 
seeks to acquire any real property by condemnation, the charitable 
corporation shall hold a public hearing on the proposed acquisition 
at which public testimony regarding the proposed acquisition is 
allowed.  The hearing must be held at a location not more than three 
miles from the property proposed to be condemned.  Not later than 
the 30th day before the date of the hearing, the charitable 
corporation 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 member of the governing 
body of each municipality in which all or part of the property is 
located; and
			(C)  the owner of record of each unit of real 
property:             
				(i)  that the charitable corporation seeks 
to acquire; or          
				(ii)  that is not more than 200 feet from any 
boundary of any unit of real property the charitable corporation 
seeks to acquire; and
		(2)  publish, in one or more newspapers of general 
circulation in each county in which all or part of the property is 
located, notice that includes:
			(A)  the time, date, and location of the hearing;                     
			(B)  the address of each unit of real property 
under consideration; and
			(C)  the proposed use of the property.                                
	SECTION 2.  The change in law made by this Act to Section 6, 
Chapter 178, Acts of the 56th Legislature, Regular Session, 1959 
(Article 3183b-1, Vernon's Texas Civil Statutes), applies to the 
acquisition of real property by eminent domain on or after the 
effective date of this Act unless a petition to initiate 
condemnation proceedings against the property is filed before the 
effective date of this Act, in which event the acquisition is 
governed by the law in effect at the time the petition is filed, and 
the former law is continued in effect for that purpose.  The change 
in law made by this Act to Section 6, Chapter 178, Acts of the 56th 
Legislature, Regular Session, 1959 (Article 3183b-1, Vernon's 
Texas Civil Statutes), does not apply to acquisition of real 
property by eminent domain before the effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.