By Alexander H.B. No. 1357 74R2111 PAM-D 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) If an entire tract or parcel of real property is 1-8 condemned, the damage to the property owner is the greater of: 1-9 (1) the local market value of the property at the time 1-10 of the special commissioners' hearing; or 1-11 (2) 70 percent of the appraised value of the property 1-12 as determined under Chapter 23, Tax Code. 1-13 SECTION 2. Section 21.047, Property Code, is amended to read 1-14 as follows: 1-15 Sec. 21.047. Assessment of Costs and Fees. (a) Special 1-16 commissioners may adjudge the costs of an eminent domain proceeding 1-17 against any party. If the commissioners award greater damages than 1-18 the condemnor offered to pay before the proceedings began or if the 1-19 decision of the commissioners is appealed and a court awards 1-20 greater damages than the commissioners awarded, the condemnor shall 1-21 pay all costs and the property owner's attorney's fees. If the 1-22 commissioners' award or the court's determination of the damages is 1-23 less than or equal to the amount the condemnor offered before 1-24 proceedings began, the property owner shall pay the costs. 2-1 (b) A condemnor shall pay the initial cost of serving a 2-2 property owner with notice of a condemnation proceeding. If the 2-3 property owner is ordered to pay the costs of the proceeding, the 2-4 condemnor may recover the expense of notice from the property owner 2-5 as part of the costs. 2-6 (c) A court that has jurisdiction of an eminent domain 2-7 proceeding may tax $10 or more as a reasonable fee for each special 2-8 commissioner as part of the court costs of the proceeding. 2-9 SECTION 3. This Act applies only to condemnation proceedings 2-10 that begin on or after the effective date of this Act. A 2-11 condemnation proceeding that began before the effective date of 2-12 this Act is covered by the law in effect when the condemnation 2-13 proceeding began, and the former law is continued in effect for 2-14 those purposes. 2-15 SECTION 4. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended.