HBA-NLM C.S.H.B. 1185 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1185
By: Hilbert
Land & Resource Management
5/1/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law sets forth procedures for parties to condemn property.  There
is concern that Section 21.017 (Alternative Pleadings), Property Code, as
it is currently written, may provide a condemnor an economic incentive to
trespass on the land that has yet to be properly condemned rather than
comply with regular condemnation procedures.  C.S.H.B. 1185 requires a
court to compensate a property owner whose property has been the subject of
a condemnation claim which fails due to the condemnor's intentional failure
to acquire adequate legal interest in the property. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 21.017, Property Code, by adding Subsection (c),
to provide that this subsection applies to an entity, excluding a
governmental entity, that asserts a claim to property that it is occupying
or otherwise using.  Provides that if a court in a suit determines that an
entity intentionally failed to acquire all legal interests in the property
that would entitle the entity to fully use and occupy the property for the
purposes for which the property is being occupied and used, the court is
required to: 

_dismiss any action that the party has filed pursuant to certain provisions
of this section, and 
_make an allowance to the property owner for the value of the entity's
occupancy and use of the property while in possession of the property, any
damage resulting from the entity's occupancy and use of the property, and
any expenses the property owner has incurred in connection with the claim. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1185 modifies the original by conforming to Legislative Council
format. 

C.S.H.B. 1185 modifies the original in SECTION 1 (proposed Section
21.017(c), Property Code) by deleting text requiring the court to order the
party to surrender possession of the property.  The substitute removes text
prohibiting certain entities from being entitled to possess the property
for any purpose until fully compliant  with the standard procedures to
condemn provided in Sections 21.01121.016 (Disclosure of Information
Required, Condemnation Petition, Venue; Fees and Processing for Suit Filed
in District Court, Special Commissioners, Hearing, and Notice,
respectively), Property Code.