HBA-NLM H.B. 1185 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1185 By: Hilbert Land & Resource Management 3/24/1999 Introduced 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 decision to trespass on the land that has yet to be properly condemned rather than complying with regular condemnation procedure. H.B. 1185 adds provision to Section 21.017 to prohibit a party from being entitled to take possession of certain property for any purpose until the party fully complies with the standard procedures to condemn 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, to provide that if a party asserts a claim to property that it is occupying or otherwise using and, thereafter, it is determined that the party knowingly failed to acquire all legal interests in the property that would entitle the party to fully use and occupy the property for the purposes for which the property is being occupied and used, the court is required to order the party to: _surrender possession of the property, _dismiss any action that the party has filed pursuant to certain provisions of this section, and _upon dismissal, make an allowance to the property owner for the same relief as is provided a property owner in Section 21.0195(c) (relating to Dismissal of Certain Condemnation Proceedings; Texas Department of Transportation), Property Code. Prohibits the party from being entitled to possess the property for any purpose until full compliance with the standard procedures to condemn provided in Sections 21.011-21.016 (Disclosure of Information Required, Condemnation Petition, Venue; Fees and Processing for Suit Filed in District Court, Special Commissioners, Hearing, and Notice, respectively), Property Code. SECTION 2. Makes application of this Act prospective. SECTION 3. Emergency clause. Effective date: upon passage.