HBA-ATS, DMD H.B. 1187 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1187
By: Hilbert
Land & Resource Management
10/5/1999
Enrolled



BACKGROUND AND PURPOSE 

In Texas, district courts and county courts at law have concurrent
jurisdiction in eminent domain cases.  Prior to the 76th Legislature, a
party initiating a condemnation proceeding in a county in which there was
one or more county courts at law with jurisdiction, was authorized to file
the petition with any clerk who was authorized to handle filings for that
court or courts. H.B. 1187 requires a party that initiates a condemnation
proceeding in a county in which there is one or more county courts at law
with jurisdiction to file the petition with any clerk who is authorized to
handle such filings for that court or courts. 

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 21.013(b), Property Code, to require, rather
than authorize, a party that initiates a condemnation proceeding in a
county in which there is one or more county courts at law with jurisdiction
to file the petition with any clerk who is authorized to handle such
filings for that court or courts. 

SECTION 2.Emergency clause.
  Effective date: upon passage.