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.