By: Duncan S.B. No. 1578
A BILL TO BE ENTITLED
AN ACT
relating to jurisdiction and venue in condemnation proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 3. The change in law made by this Act applies 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.
SECTION 4. 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, 2005.