HBA-DMD C.S.H.B. 1187 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1187
By: Hilbert
Land & Resource Management
4/26/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, district courts and county courts at law have concurrent
jurisdiction in eminent domain cases. A party initiating a condemnation
proceeding in a county court in which there is one or more county courts at
law with jurisdiction, is authorized to file the petition with any clerk
who is authorized to handle filings for that court or courts. C.S.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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

This substitute differs from the original bill in SECTION 1 (Section
21.013(b), Property Code), by requiring the condemnation proceeding
petition to be filed with a clerk authorized to handle such a document.