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A BILL TO BE ENTITLED
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AN ACT
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relating to declarations of taking for toll projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (d), Section 203.066, Transportation |
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Code, is amended to read as follows: |
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(d) The department may not file a declaration of taking |
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before the completion of: |
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(1) all environmental documentation, including a |
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final environmental impact statement or a record of decision, that |
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is required by federal or state law; |
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(2) all public hearings and meetings, including those |
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held in connection with the environmental process and under |
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Sections 201.604 and 203.021, that are required by federal or state |
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law; |
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(3) all notifications required by Section 203.022; and |
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(4) for each [if the] property described by Section |
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203.067(b) [contains a business, farm, or ranch], delivery of a |
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written notification to the property owner that the occupants: |
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(A) will not be required to move before the 365th |
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[90th] day after the date of the notice; and |
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(B) will receive, not later than the 30th day |
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before the date by which the property must be vacated, a written |
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notice specifying the date by which the property must be vacated. |
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SECTION 2. Subsections (a) and (b), Section 203.067, |
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Transportation Code, are amended to read as follows: |
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(a) Immediately on the filing of a declaration of taking |
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under Section 203.066, the department shall serve a copy of the |
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declaration on each person possessing an interest in the condemned |
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property by a method prescribed by Section 21.016(d), Property |
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Code. The department shall file evidence of the service with the |
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clerk of the court. Except as provided by Subsection (b) [On filing
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of that evidence], the department may take possession of the |
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property pending the litigation on the filing of that evidence. |
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(b) The department may not take possession of property under |
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this section before the 365th day after the date of service under |
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Subsection (a) if [If] the condemned property is: |
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(1) a homestead or a portion of a homestead as defined |
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by Section 41.002, Property Code; or |
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(2) all or part of a business, farm, or ranch[, the
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department may not take possession sooner than the 91st day after
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the date of service under Subsection (a)]. |
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SECTION 3. The changes in law made by this Act to Subsection |
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(b), Section 203.067, Transportation Code, apply to a declaration |
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of taking filed by the Texas Department of Transportation before, |
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on, or after the effective date of this Act if the department has |
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not taken possession of the property as allowed under Subsection |
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(b), Section 203.067, Transportation Code, before the effective |
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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. |