S.B. No. 726

	AN ACT
	relating to establishing actual progress for the purposes of
	determining the right to repurchase real property from a condemning
	entity.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 21.101, Property Code, is amended by
	amending Subsection (b) and adding Subsection (b-1) to read as
	follows:
	(b)  In this section, "actual progress" means the completion
	of three [two] or more of the following actions:
	(1)  the performance of a significant amount of labor
	to develop the property or other property acquired for the same
	public use project for which the property owner's property was
	acquired;
	(2)  the provision of a significant amount of materials
	to develop the property or other property acquired for the same
	public use project for which the property owner's property was
	acquired;
	(3)  the hiring of or contracting with and the
	performance of a significant amount of work by an architect,
	engineer, or surveyor to prepare a plan, [or] plat, or easement that
	includes the property or other property acquired for the same
	public use project for which the property owner's property was
	acquired;
	(4)  application for state or federal funds to develop
	the property or other property acquired for the same public use
	project for which the property owner's property was acquired; or
	(5)  application for a state or federal permit or
	certificate to develop the property or other property acquired for
	the same public use project for which the property owner's property
	was acquired.
	(b-1)  Notwithstanding Subsection (b), a navigation district
	or port authority, or a water district implementing a project
	included in the state water plan adopted by the Texas Water
	Development Board, may establish actual progress for purposes of
	this section by:
	(1)  the completion of one action described by
	Subsection (b); and
	(2) [; (6)  the acquisition of a tract or parcel of real
	property adjacent to the property for the same public use project
	for which the owner's property was acquired; or
	[(7)  for a governmental entity,] the adoption by a
	majority of the entity's governing body at a public hearing of a
	development plan for a public use project that indicates that the
	entity will not complete more than one action described by
	Subsection (b) [Subdivisions (1)-(6)] before the 10th anniversary
	of the date of acquisition of the property.
	SECTION 2.  Section 21.101, Property Code, as amended by
	this Act, applies only to a real property interest acquired in
	connection with a condemnation proceeding in which the petition is
	filed on or after the effective date of this Act. A real property
	interest acquired in connection with a condemnation proceeding in
	which the petition is filed before the effective date of this Act is
	governed by the law in effect immediately before that date, and that
	law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 726 passed the Senate on
	April 20, 2021, by the following vote:  Yeas 27, Nays 4.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 726 passed the House on
	May 6, 2021, by the following vote:  Yeas 112, Nays 30, three
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor