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.