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A BILL TO BE ENTITLED
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AN ACT
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relating to the possession of property to be acquired by eminent |
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domain during pending litigation in a condemnation proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.021, Property Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (e) to read |
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as follows: |
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(a) Not earlier than the 180th day after the date [After] |
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the special commissioners make [have made] an award in a |
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condemnation proceeding, except as provided by Subsection (c) or |
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(e) [of this section], the condemnor may take possession of the |
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condemned property pending the results of further litigation if the |
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condemnor: |
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(1) pays to the property owner the amount of damages |
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and costs awarded by the special commissioners or deposits that |
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amount of money with the court subject to the order of the property |
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owner; |
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(2) deposits with the court either the amount of money |
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awarded by the special commissioners as damages or a surety bond in |
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the same amount issued by a surety company qualified to do business |
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in this state, conditioned to secure the payment of an award of |
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damages by the court in excess of the award of the special |
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commissioners; and |
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(3) executes a bond that has two or more good and |
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solvent sureties approved by the judge of the court in which the |
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proceeding is pending and conditioned to secure the payment of |
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additional costs that may be awarded to the property owner by the |
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trial court or on appeal. |
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(c) This state, a county, or a municipal corporation or an |
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irrigation, water improvement, or water power control district |
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created under legal authority: |
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(1) may take immediate possession of the property |
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after paying or depositing money as required by Subsection (a)(1); |
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and |
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(2) is not required to deposit a bond or the amount |
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equal to the award of damages under Subsections (a)(2) and (3) |
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[Subdivisions (2) and (3) of Subsection (a)]. |
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(e) This section may not be construed to prohibit an |
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agreement between the parties allowing the condemnor to take |
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immediate possession of the property pending resolution of further |
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litigation. |
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SECTION 2. The changes in law made by this Act apply only to |
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a condemnation proceeding for which a petition is filed on or after |
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the effective date of this Act. A condemnation proceeding for which |
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a petition is filed before the effective date of this Act is |
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governed by the law in effect on the date the petition is filed, 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, 2023. |