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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain home-rule municipalities to |
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acquire certain property by condemnation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 251, Local Government Code, is amended |
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by designating Sections 251.001 and 251.002 as Subchapter A and |
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adding a subchapter heading to read as follows: |
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SUBCHAPTER A. GENERAL PROVISIONS |
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SECTION 2. Chapter 251, Local Government Code, is amended |
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by adding Subchapter B to read as follows: |
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SUBCHAPTER B. AUTHORITY TO CONDEMN CERTAIN PROPERTY |
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Sec. 251.051. APPLICABILITY. This subchapter applies only |
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to the exercise of eminent domain by a home-rule municipality: |
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(1) for a public use by a gas, water, sewer, or reuse |
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water utility that is wholly owned by the municipality and operated |
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by: |
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(A) the governing body of the municipality; or |
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(B) a board of trustees appointed under Section |
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1502.070, Government Code, to manage and control a municipal |
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utility system; and |
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(2) that requires in the municipality's charter that |
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the municipality may not acquire real property until the location |
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and extent of the property is approved by the municipality's |
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planning commission. |
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Sec. 251.052. DUTY OF PLANNING COMMISSION. (a) A municipal |
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planning commission considering a condemnation action subject to |
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this chapter must approve or disapprove the action not later than |
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the 60th day after the date the planning commission receives |
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written notice of the action from the utility or other entity |
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requesting the acquisition of the property. |
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(b) A planning commission disapproving the proposed extent |
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and location of property to be acquired by condemnation must submit |
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the commission's reasons for the disapproval in writing to the |
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governing body of the municipality. |
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(c) If the planning commission does not give its approval or |
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disapproval during the 60-day period, the condemnation is |
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considered approved by the commission. |
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Sec. 251.053. DUTY OF MUNICIPALITY. (a) An ordinance |
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initiating or authorizing a condemnation proceeding subject to this |
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chapter must: |
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(1) provide the date on which a municipality's |
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planning commission considered the location and extent of the |
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property; |
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(2) state whether the planning commission approved or |
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disapproved the acquisition of the property; and |
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(3) if the ordinance is adopted after overruling the |
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disapproval of the planning commission, state: |
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(A) the reasons for the planning commission's |
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disapproval; |
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(B) the fact that the municipal governing body |
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overruled the planning commission's recommendation; and |
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(C) the reasons that the municipality's |
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governing body overruled the planning commission's recommendation. |
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(b) The municipal governing body may overrule the |
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disapproval of the municipality's planning commission only if the |
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meeting notice of the governing body contains a statement in |
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substantially the following form: "A public hearing to consider |
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overruling the action taken by the planning commission of the city |
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of (insert municipality's name) on (insert date of planning |
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commission action) disapproving the proposed acquisition of |
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property for (insert description of project)." |
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Sec. 251.054. ENFORCEMENT; REMEDIES. (a) An action to |
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enforce this subchapter or enjoin a violation of this subchapter |
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may be brought by an owner of an interest in real property acquired |
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in violation of this subchapter. |
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(b) The sovereign immunity of the municipality against suit |
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and liability is specifically and expressly waived with respect to |
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a suit brought by a person identified by Subsection (a) against the |
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municipality for the purpose of enforcing this subchapter. |
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(c) A suit to enforce this subchapter may be brought for |
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injunctive relief, mandamus, declaratory judgment, and damages, |
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including damages to property acquired in violation of this |
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subchapter if the action is brought by the owner of that property. |
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(d) A plaintiff shall file a NOTICE OF INTENTION TO FILE |
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SUIT under this subchapter with the clerk of the municipality no |
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later than seven (7) days after a violation occurs under this |
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subchapter. The municipality shall have fourteen (14) days |
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following the receipt of such notice to cure any violation |
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described herein. |
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(e) A plaintiff who prevails in an action brought to enforce |
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this subchapter is entitled to: |
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(1) reasonable attorney's fees; |
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(2) court costs; and |
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(3) expenses directly related to the litigation |
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required to enforce this subchapter. |
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(f) A municipality's failure to comply with this subchapter |
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before authorizing or initiating a condemnation proceeding causes |
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the proceeding to be void. |
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Sec. 251.055. CONFLICTS. This subchapter controls to the |
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extent of a conflict between this subchapter and another law of this |
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state or an ordinance, charter provision, or other act of a |
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municipality. |
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SECTION 3. Subchapter B, Chapter 251, Local Government |
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Code, as added by this Act, applies to an action by a municipality |
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that is taken on or after the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |