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By: Harless, Dutton, Davis of Harris |
H.B. No. 2536 |
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(Senate Sponsor - Whitmire) |
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(In the Senate - Received from the House May 4, 2015; |
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May 4, 2015, read first time and referred to Committee on State |
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Affairs; May 12, 2015, reported favorably by the following vote: |
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Yeas 5, Nays 2; May 12, 2015, sent to printer.) |
| Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to jurisdiction in an eminent domain proceeding in Harris |
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County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.1032, Government Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) A county civil court at law has exclusive jurisdiction |
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in Harris County of eminent domain proceedings, both statutory and |
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inverse, if the amount in controversy in a statutory proceeding |
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does not exceed the amount provided by Section 25.0003(c) in civil |
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cases. Notwithstanding Section 21.013, Property Code, a party |
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initiating a condemnation proceeding in Harris County may file a |
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petition with the district clerk when the amount in controversy |
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exceeds the amount provided by Section 25.0003(c). The amount in |
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controversy is the amount of the bona fide offer made by the entity |
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with eminent domain authority to acquire the property from the |
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property owner voluntarily [regardless of the amount in
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controversy]. |
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(d) In addition to other jurisdiction provided by law, a |
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county civil court at law has jurisdiction to: |
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(1) decide the issue of title to real or personal |
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property; |
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(2) hear a suit to recover damages for slander or |
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defamation of character; |
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(3) hear a suit for the enforcement of a lien on real |
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property; |
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(4) hear a suit for the forfeiture of a corporate |
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charter; |
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(5) hear a suit for the trial of the right to property |
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valued at $200 or more that has been levied on under a writ of |
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execution, sequestration, or attachment; and |
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(6) hear a suit for the recovery of real property. |
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SECTION 2. The change in law made by this Act applies only |
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to an eminent domain proceeding for which a petition is filed on or |
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after the effective date of this Act. An eminent domain proceeding |
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for which a petition is filed before the effective date of this Act |
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is governed by the law in effect immediately before that date, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |
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