Bill Text: TX SB243 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the authority of a commissioners court to disapprove of certain condemnations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-01-30 - Referred to State Affairs [SB243 Detail]
Download: Texas-2017-SB243-Introduced.html
| 85R2420 LHC-D | ||
| By: Burton | S.B. No. 243 | |
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| relating to the authority of a commissioners court to disapprove of | ||
| certain condemnations. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 21, Property Code, is | ||
| amended by adding Section 21.0114 to read as follows: | ||
| Sec. 21.0114. PETITION FOR DISAPPROVAL OF CERTAIN | ||
| CONDEMNATIONS. (a) This section applies only to the condemnation | ||
| of property by: | ||
| (1) a public entity exercising its eminent domain | ||
| authority if the property: | ||
| (A) qualifies as a residence homestead under | ||
| Section 11.13, Tax Code, or is adjacent to a residence homestead | ||
| provided that the adjacent property and the residence homestead | ||
| have identical ownership; and | ||
| (B) is located outside the territorial | ||
| boundaries of the entity; or | ||
| (2) a private entity exercising its eminent domain | ||
| authority. | ||
| (b) Not later than the 30th day after the date the property | ||
| owner receives a final offer from the entity, the property owner may | ||
| file a petition with the commissioners court of the county in which | ||
| a majority of the property to be condemned is located for the | ||
| disapproval of the condemnation. | ||
| (c) If the property owner files the petition with the | ||
| commissioners court, the commissioners court shall hold a hearing | ||
| to determine whether to approve the condemnation of the property. | ||
| The entity may not initiate a condemnation proceeding under Section | ||
| 21.012 for the property unless a majority of the commissioners | ||
| court approves the condemnation of the property. | ||
| SECTION 2. Section 21.0114, Property Code, as added by this | ||
| Act, applies only to a condemnation in which an initial offer is | ||
| made under Section 21.0113, Property Code, on or after the | ||
| effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
