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.