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A BILL TO BE ENTITLED
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AN ACT
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relating to disclosure of certain information related to the |
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exercise of the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.0037, Government Code, is amended to |
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read as follows: |
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Sec. 552.0037. CERTAIN ENTITIES AUTHORIZED TO TAKE PROPERTY |
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THROUGH EMINENT DOMAIN. (a) Notwithstanding any other law, |
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information collected, assembled, or maintained by an entity that |
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is not a governmental body but is authorized by law to take private |
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property through the use of eminent domain is required to produce |
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documentation as provided by this section if the information is |
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requested by a person who owns property that is the subject of a |
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proposed or existing eminent domain proceeding [is subject to this
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chapter in the same manner as information collected, assembled, or
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maintained by a governmental body], but only if the information is |
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related to the taking of the person's private property by the entity |
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through the use of eminent domain. |
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(b) An entity described by Subsection (a) is required under |
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this section only to produce documents relating to the condemnation |
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of the specific property owned by the requestor as described in the |
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request. A request under this section must contain sufficient |
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details to allow the entity to identify the specific tract of land |
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in relation to which the information is sought. |
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(c) The entity shall respond to a request in accordance with |
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the Texas Rules of Civil Procedure as if the request was made in a |
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matter pending before a state district court. |
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(d) Exceptions to disclosure provided by this chapter and |
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the Texas Rules of Civil Procedure apply to the disclosure of |
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information under this section. |
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(e) Jurisdiction to enforce the provisions of this section |
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resides in a state district court in the county in which the entity |
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has its principal place of business. |
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SECTION 2. The change in law made by this Act applies only |
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to a request for disclosure made on or after the effective date of |
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this Act. A request for disclosure made before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |