HBA-NLM, C.S.H.B. 1186 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1186
By: Hilbert
Land & Resource Management
4/30/1999
Committee Report (Substituted)



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.  

 C.S.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, to require the special
commissioners in an eminent domain proceeding to promptly schedule a
hearing to be held for the parties 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 condemnor and the property owner have agreed to delay the
commencement of the hearing, or the court finds that the condemnor has
proceeded in a diligent manner in pursuing the condemnation proceeding and
the delay in commencing the hearing is not substantially attributable to
the condemnor. 

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. 1186 modifies the original by conforming to Legislative Council
format.  The ideas expressed in Section 21.015(c) of the original bill are
incorporated into Sections 21.015(a) and (b) of the substitute. 

C.S.H.B. 1186 modifies the original by adding new SECTION 2 to make the
application of this Act prospective.  

C.S.H.B. 1186 modifies the original by adding new SECTION 3 (long emergency
clause).