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Amend HB 2006 (Senate committee printing) as follows:
(1) Strike SECTION 1 of the bill (page 3, line 66, through
page 4, line 19).
(2) Add the following appropriately numbered SECTIONS to
the bill:
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, an entity that is not subject to
Chapter 552, Government Code, and is authorized by law to acquire
private property through the use of eminent domain is required to
produce information as provided by this section if the information
is:
(1) requested by a person who owns property that is the
subject of a proposed or existing eminent domain proceeding; and
(2) 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 with eminent domain jurisdiction in
the county in which the entity has its principal place of business.
(f) If the entity refuses to produce information requested
in accordance with this section and the court determines that 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.
SECTION __. Section 552.0037, Government Code, is repealed.
(3) Renumber existing SECTIONS of the bill accordingly.