87R17678 BEE-D
 
  By: Leman H.B. No. 2044
 
  Substitute the following for H.B. No. 2044:
 
  By:  Rosenthal C.S.H.B. No. 2044
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to establishing actual progress for the purposes of
  determining the right to repurchase real property from a condemning
  entity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.101, Property Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  In this section, "actual progress" means the completion
  of three [two] or more of the following actions:
               (1)  the performance of a significant amount of labor
  to develop the property or other property acquired for the same
  public use project for which the property owner's property was
  acquired;
               (2)  the provision of a significant amount of materials
  to develop the property or other property acquired for the same
  public use project for which the property owner's property was
  acquired;
               (3)  the hiring of or contracting with and the 
  performance of a significant amount of work by an architect,
  engineer, or surveyor to prepare a plan, [or] plat, or easement that
  includes the property or other property acquired for the same
  public use project for which the property owner's property was
  acquired;
               (4)  application for state or federal funds to develop
  the property or other property acquired for the same public use
  project for which the property owner's property was acquired; or
               (5)  application for a state or federal permit or
  certificate to develop the property or other property acquired for
  the same public use project for which the property owner's property
  was acquired.
         (b-1)  Notwithstanding Subsection (b), a navigation district
  or port authority, or a water district implementing a project
  included in the state water plan adopted by the Texas Water
  Development Board, may establish actual progress for purposes of
  this section by:
               (1)  the completion of one action described by
  Subsection (b); and
               (2)  [; (6)  the acquisition of a tract or parcel of
  real property adjacent to the property for the same public use
  project for which the owner's property was acquired; or
               [(7)  for a governmental entity,] the adoption by a
  majority of the entity's governing body at a public hearing of a
  development plan for a public use project that indicates that the
  entity will not complete more than one action described by
  Subsection (b) [Subdivisions (1)-(6)] before the 10th anniversary
  of the date of acquisition of the property.
         SECTION 2.  Section 21.101, Property Code, as amended by
  this Act, applies only to a real property interest acquired in
  connection with a condemnation proceeding in which the petition is
  filed on or after the effective date of this Act. A real property
  interest acquired in connection with a condemnation proceeding in
  which the petition is filed before the effective date of this Act is
  governed by the law in effect immediately before that date, and that
  law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2021.