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A BILL TO BE ENTITLED
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AN ACT
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relating to certain eminent domain authority and the suspension of |
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certain unreported eminent domain authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter C, Chapter 2206, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER C. REPORTING [EXPIRATION] OF CERTAIN EMINENT DOMAIN |
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AUTHORITY |
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SECTION 2. The heading to Section 2206.101, Government |
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Code, is amended to read as follows: |
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Sec. 2206.101. REPORT OF EMINENT DOMAIN AUTHORITY REQUIRED; |
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SUSPENSION [EXPIRATION] OF AUTHORITY. |
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SECTION 3. Section 2206.101(c), Government Code, is amended |
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to read as follows: |
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(c) An [The authority of an] entity that did not submit a |
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letter in accordance with Subsection (b) on or before the date |
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prescribed by that subsection may not [to] exercise the entity's |
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power of eminent domain before the 90th day after the date [expires
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on September 1, 2013, unless] the entity submits a letter to the |
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comptroller in accordance with the requirements of Subsection (b), |
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other than the requirement that the letter be submitted by a |
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specified date. |
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SECTION 4. Section 21.012, Property Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) In addition to the contents prescribed by Subsection |
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(b), a condemnation petition must state: |
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(1) that the entity filing the petition was created or |
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acquired the power of eminent domain on or after December 31, 2012, |
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as applicable; or |
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(2) for an entity that was created before December 31, |
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2012, and that acquired the power of eminent domain before that |
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date, the date on which the entity submitted a letter in accordance |
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with Section 2206.101, Government Code. |
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(e) If the petition states that the entity submitted a |
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letter in accordance with Section 2206.101, Government Code, after |
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December 31, 2012, and after the 91st day before the date the |
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petition was filed, the court shall abate the action until the 90th |
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day after the date the letter was submitted. |
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SECTION 5. Sections 2206.101(d) and (e), Government Code, |
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are repealed. |
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SECTION 6. (a) The changes in law made by this Act apply |
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only to a condemnation proceeding in which the petition is filed on |
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or after September 1, 2013, and to any property condemned through |
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the proceeding. |
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(b) Except as provided by this subsection, a condemnation |
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proceeding in which the petition is filed before September 1, 2013, |
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and any property condemned through the proceeding are governed by |
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the law as it existed immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. A |
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condemnation proceeding in which the petition is filed before |
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September 1, 2013, by an entity required to submit a letter under |
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Section 2206.101, Government Code, is not affected by Section |
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2206.101(c), Government Code, as it existed immediately before the |
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effective date of this Act. |
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SECTION 7. 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 does not take effect. |