|
|
|
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 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. |