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Amend Amendment No. 1 by P. King to CSHB 2006 as follows:
(1) On page 1, between lines 2 and 3, insert the following
appropriately numbered item:
( ) On page 1, strike lines 4-24.
(2) On page 2 of the amendment, between lines 23 and 24,
insert the following:
SECTION ____. Subchapter B, Chapter 21, Property Code, is
amended by adding Section 21.024 to read as follows:
Sec. 21.024. PRODUCTION OF INFORMATION BY CERTAIN ENTITIES.
(a) Notwithstanding any other law, information collected,
assembled, or maintained by an entity that is not a governmental
body but is authorized by law to take private property through the
use of eminent domain is required to produce information as
provided by this section if the information is requested by a person
who owns property that is the subject of a proposed or existing
eminent domain proceeding, but only if the information is related
to the taking of the person's private property by the entity through
the use of eminent domain.
(b) An entity described by Subsection (a) is required under
this section only to produce information relating to the
condemnation of the specific property owned by the requestor as
described in the request. A request under this section must contain
sufficient details to allow the entity to identify the specific
tract of land in relation to which the information is sought.
(c) The entity shall respond to a request in accordance with
the Texas Rules of Civil Procedure as if the request was made in a
matter pending before a state district court.
(d) Exceptions to disclosure provided by this chapter and
the Texas Rules of Civil Procedure apply to the disclosure of
information under this section.
(e) Jurisdiction to enforce the provisions of this section
resides in:
(1) the court in which the condemnation was initiated;
or
(2) if the condemnation proceeding has not been
initiated:
(A) a court that would have jurisdiction over a
proceeding to condemn the requestor's property; or
(B) a court in the county in which the entity has
its principal place of business that has jurisdiction over
condemnation proceedings under this chapter.
(f) If the entity refuses to produce information requested
in accordance with this section and the court determines the
refusal violates this section, the court may award the requestor's
reasonable attorney's fees incurred to compel the production of the
information.
(g) If an entity that received a request in accordance with
this section does not produce the requested information on or
before the 30th day after the request is made, the attorney general
may file an action in a court described by Subsection (e) to enforce
this section on the request of the person who made the request for
the information. If the court determines that the failure to
produce the information is a violation of this section, the court
may award the attorney general's reasonable expenses incurred to
compel the production of the information.
(h) If the attorney general files an action under Subsection
(g), the person who requested that the attorney general file the
action may not file a private action to enforce this section with
respect to the same request for information.
(3) On page 5 of the amendment, after line 5, insert the
following:
SECTION ____. Section 552.0037, Government Code, is
repealed.
(4) On page 5 of the amendment, after the material added by
Item (3) of this amendment, insert the following appropriately
numbered item:
( ) Strike page 28, line 23, through page 29, line 1, and
substitute the following:
SECTION 13. (a) The change in law made by Section 21.021,
Property Code, as added by this Act, and the repeal by this Act of
Section 552.0037, Government Code, applies only to a request for
disclosure made on or after the effective date of this Act. A
request for disclosure made before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
(5) Renumber existing items of the amendment appropriately.