The Laws of Texas, 1929-1931 [Volume 27] Page: 88 of 1,943
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76 GENERAL LAWS.
paid, exclusively to secure all damages that may be awarded or
adjudged against the plaintiff; and it shall also execute a bond
with two or more good and solvent sureties, to be approved by
the Judge of the Court in which such condemnation proceedings
are pending, conditioned for the payment of any further costs
that may be adjudged against it, either in the Court below or
upon appeal. The State, a County or Municipal Corporation
shall not be required to deposit A bond or the amount equal to
the award of damages by the Commissioners as provided in Section
3. Should it be determined on final decision of the case that
the right to condemn the property in question does not exist,
the plaintiff shall surrender possession thereof, if it has taken
possession pending litigation, and the Court shall so adjudge
and order a writ of possession for the property in favor of the
defendant, and the Court may also inquire what damages, if
any, have been suffered by the defendant by reason of the
temporary possession of the plaintiff, and order the same paid
out of the award or other money deposited; provided, that in
any case where the award paid the defendant or appropriated
by him exceeds the value of the property as determined by the
final judgment, the Court shall adjudge the excess to be returned
to the plaintiff.
If the cause should be appealed from the decision of the County
Court, the appeal shall be governed by the law governing
appeals in other cases; except the judgment of the County Court
shall not be suspended thereby."
SEC. 2. The fact that cities are now required to file a bond
in condemnation proceedings and deposit double the amount of
the award creates an emergency and an imperative public necessity
that the Constitutional Rule requiring bills to be read on
three several days be suspended, and it is hereby suspended, and
this Act shall take effect and be in force from and after its passage,
and it is so enacted.
Effective 90 days after adjournment.
[NOTE: H. B. No. 23 passed the House by a viva voce vote;
passed the Senate by a viva voce vote. Was received in the
Executive Office February 18, 1930, and in the Department of
State February 18, 1930, without the Governor's signature.]
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1929-1931 [Volume 27], book, 1931; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth16362/m1/88/: accessed December 15, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .