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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a commissioners court to disapprove of |
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certain condemnations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 21, Property Code, is |
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amended by adding Section 21.0114 to read as follows: |
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Sec. 21.0114. PETITION FOR DISAPPROVAL OF CERTAIN |
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CONDEMNATIONS. (a) This section applies only to the condemnation |
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of property by: |
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(1) a public entity exercising its eminent domain |
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authority if the property: |
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(A) qualifies as a residence homestead under |
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Section 11.13, Tax Code, or is adjacent to a residence homestead |
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provided that the adjacent property and the residence homestead |
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have identical ownership; and |
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(B) is located outside the territorial |
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boundaries of the entity; or |
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(2) a private entity exercising its eminent domain |
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authority. |
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(b) Not later than the 30th day after the date the property |
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owner receives a final offer from the entity, the property owner may |
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file a petition with the commissioners court of the county in which |
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a majority of the property to be condemned is located for the |
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disapproval of the condemnation. |
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(c) If the property owner files the petition with the |
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commissioners court, the commissioners court shall hold a hearing |
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to determine whether to approve the condemnation of the property. |
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The entity may not initiate a condemnation proceeding under Section |
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21.012 for the property unless a majority of the commissioners |
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court approves the condemnation of the property. |
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SECTION 2. Section 21.0114, Property Code, as added by this |
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Act, applies only to a condemnation in which an initial offer is |
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made under Section 21.0113, Property Code, on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |