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.