Bill Text: TX HB69 | 2013 | 83rd Legislature 1st Special Session | Introduced


Bill Title: Relating to certain eminent domain authority and the suspension of certain unreported eminent domain authority.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-06-13 - Filed [HB69 Detail]

Download: Texas-2013-HB69-Introduced.html
  83S10230 AJA-D
 
  By: Callegari H.B. No. 69
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain eminent domain authority and the suspension of
  certain unreported eminent domain authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter C, Chapter 2206,
  Government Code, is amended to read as follows:
  SUBCHAPTER C. REPORTING [EXPIRATION] OF CERTAIN EMINENT DOMAIN
  AUTHORITY
         SECTION 2.  The heading to Section 2206.101, Government
  Code, is amended to read as follows:
         Sec. 2206.101.  REPORT OF EMINENT DOMAIN AUTHORITY REQUIRED;
  SUSPENSION [EXPIRATION] OF AUTHORITY.
         SECTION 3.  Section 2206.101(c), Government Code, is amended
  to read as follows:
         (c)  An [The authority of an] entity that did not submit a
  letter in accordance with Subsection (b) on or before the date
  prescribed by that subsection may not [to] exercise the entity's
  power of eminent domain before the 90th day after the date [expires
  on September 1, 2013, unless] the entity submits a letter to the
  comptroller in accordance with the requirements of Subsection (b),
  other than the requirement that the letter be submitted by a
  specified date.
         SECTION 4.  Section 21.012, Property Code, is amended by
  adding Subsections (d) and (e) to read as follows:
         (d)  In addition to the contents prescribed by Subsection
  (b), a condemnation petition must state:
               (1)  that the entity filing the petition was created or
  acquired the power of eminent domain on or after December 31, 2012,
  as applicable; or
               (2)  for an entity that was created before December 31,
  2012, and that acquired the power of eminent domain before that
  date, the date on which the entity submitted a letter in accordance
  with Section 2206.101, Government Code.
         (e)  If the petition states that the entity submitted a
  letter in accordance with Section 2206.101, Government Code, after
  December 31, 2012, and after the 91st day before the date the
  petition was filed, the court shall abate the action until the 90th
  day after the date the letter was submitted.
         SECTION 5.  Sections 2206.101(d) and (e), Government Code,
  are repealed.
         SECTION 6.  (a) The changes in law made by this Act apply
  only to a condemnation proceeding in which the petition is filed on
  or after September 1, 2013, and to any property condemned through
  the proceeding.
         (b)  Except as provided by this subsection, a condemnation
  proceeding in which the petition is filed before September 1, 2013,
  and any property condemned through the proceeding are governed by
  the law as it existed immediately before the effective date of this
  Act, and that law is continued in effect for that purpose. A
  condemnation proceeding in which the petition is filed before
  September 1, 2013, by an entity required to submit a letter under
  Section 2206.101, Government Code, is not affected by Section
  2206.101(c), Government Code, as it existed immediately before the
  effective date of this Act.
         SECTION 7.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act does not take effect.
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