74R11445 PAM-F
By Alexander H.B. No. 1357
Substitute the following for H.B. No. 1357:
By Alexander C.S.H.B. No. 1357
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the assessment of damages, costs, and attorney's fees
1-3 in an eminent domain proceeding.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.042(b), Property Code, is amended to
1-6 read as follows:
1-7 (b) Except as provided by this subsection, if <If> an entire
1-8 tract or parcel of real property is condemned, the damage to the
1-9 property owner is the local market value of the property at the
1-10 time of the special commissioners' hearing. If a municipality or
1-11 state agency condemns an entire tract or parcel of real property,
1-12 the damage to the property owner is the greater of the local market
1-13 value at the time of the special commissioners' hearing or 70
1-14 percent of the appraised value of the property as determined under
1-15 Chapter 23, Tax Code.
1-16 SECTION 2. Section 21.047, Property Code, is amended to read
1-17 as follows:
1-18 Sec. 21.047. Assessment of Costs and Fees. (a) Special
1-19 commissioners may adjudge the costs of an eminent domain proceeding
1-20 against any party. If the commissioners award greater damages than
1-21 the condemnor offered to pay before the proceedings began, the
1-22 condemnor shall pay all costs. If <or if> the decision of the
1-23 commissioners is appealed by the condemnor and a court awards
1-24 greater damages than the commissioners awarded, the condemnor shall
2-1 pay all costs and reasonable and necessary attorney's fees incurred
2-2 by the property owner for the appeal. If the commissioners' award
2-3 or the court's determination of the damages is less than or equal
2-4 to the amount the condemnor offered before proceedings began, the
2-5 property owner shall pay the costs.
2-6 (b) A condemnor shall pay the initial cost of serving a
2-7 property owner with notice of a condemnation proceeding. If the
2-8 property owner is ordered to pay the costs of the proceeding, the
2-9 condemnor may recover the expense of notice from the property owner
2-10 as part of the costs.
2-11 (c) A court that has jurisdiction of an eminent domain
2-12 proceeding may tax $10 or more as a reasonable fee for each special
2-13 commissioner as part of the court costs of the proceeding.
2-14 SECTION 3. This Act applies only to condemnation proceedings
2-15 that begin on or after the effective date of this Act. A
2-16 condemnation proceeding that began before the effective date of
2-17 this Act is covered by the law in effect when the condemnation
2-18 proceeding began, and the former law is continued in effect for
2-19 those purposes.
2-20 SECTION 4. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended.