HBA-PDH H.B. 1186 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1186
By: Hilbert
Land & Resource Management
3/24/1999
Introduced



BACKGROUND AND PURPOSE 

Current law requires the special commissioners in an eminent domain
proceeding to promptly schedule a hearing for the parties at the earliest
practical time.  However, no provision exists to specify a time by which
the hearing must commence.  

 H.B. 1186 requires that an evidentiary hearing before the special
commissioners commence no later than 90 days after a condemnation petition
is filed with the appropriate court.  This bill requires the court to
dismiss the condemnation proceeding if the special commissioners' hearing
has not commenced within 90 days after a condemnation petition is filed,
unless the condemning party can prove to the court that it has diligently
prosecuted the condemnation proceeding and that the delay in the
commencement of the special commissioners' hearing is not substantially
attributable to it, or unless a longer period of time has been agreed upon
by the parties. 

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 21.015, Property Code, by adding Subsection (c),
to require that an evidentiary hearing before the special commissioners
appointed under Section 21.014 (Special Commissioners), Property Code,
commence no later than 90 days after a condemnation petition is filed with
the appropriate court.  Requires the court to dismiss the condemnation
proceeding if the special commissioners' hearing has not commenced within
90 days after a condemnation petition is filed, unless the condemning party
can prove to the court that it has diligently prosecuted the condemnation
proceeding and that the delay in the commencement of the special
commissioners' hearing is not substantially attributable to it, or a longer
period of time has been agreed upon by the parties. 

Effective date:  90 days after adjournment.