1-1  By:  Turner                                            S.B. No. 842
    1-2        (In the Senate - Filed March 1, 1995; March 2, 1995, read
    1-3  first time and referred to Committee on State Affairs; April 11,
    1-4  1995, rereferred to Committee on Jurisprudence; May 3, 1995,
    1-5  reported adversely, with favorable Committee Substitute by the
    1-6  following vote:  Yeas 6, Nays 0; May 3, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 842                   By:  Turner
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the preservation of property rights in condemnation
   1-11  proceedings and uniformity in assessment of market value.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 6, Chapter 106, Acts of the 40th
   1-14  Legislature, 1st Called Session, 1927 (Article 1105b, Vernon's
   1-15  Texas Civil Statutes), is amended by adding Subsection (e) to read
   1-16  as follows:
   1-17        (e)  An assessment shall be made where equitable for the
   1-18  special benefit, if any, conferred on an adjoining property by the
   1-19  new construction or improvement of any street.  The determination
   1-20  of special benefit shall be measured by the increase, if any, of
   1-21  the market value of the adjoining property caused by the new
   1-22  construction or improvement and offset by any special damage caused
   1-23  by the new construction or improvement.  The market value
   1-24  estimation shall be made only after considering every factor that
   1-25  affects the adjoining property's market value that would be
   1-26  considered in the marketplace including, but not limited to, any
   1-27  effect the new construction or improvement may have on the access
   1-28  to and from and visibility of the adjoining property and the use
   1-29  and enjoyment of the property during the construction and after its
   1-30  completion.
   1-31        SECTION 2.  Article 1209, Revised Statutes, is amended to
   1-32  read as follows:
   1-33        Art. 1209.  Assessments.  (a)  Whenever the governing body
   1-34  shall order the making of any improvement herein referred to, it
   1-35  may then or thereafter at any time provide by resolution that all
   1-36  or part of the costs thereof, as defined in the third article of
   1-37  this chapter, shall be assessed against said property abutting said
   1-38  proposed improvement, or in the vicinity thereof, and the owners
   1-39  thereof specially benefited thereby, together with reasonable
   1-40  attorney's fees and all costs incurred in the collection of said
   1-41  assessments, and shall have power to apportion the same among the
   1-42  owners of said property, and may designate the property proposed to
   1-43  be assessed, or the district within which property will be
   1-44  benefited and within which assessments may be made, provided no
   1-45  assessment shall be made against any property, or its owner, in
   1-46  excess of the special benefits thereto in the enhanced value
   1-47  thereof from said improvement.  No assessments shall be made
   1-48  against any property exempt from execution, but the owner shall be
   1-49  personally liable and assessed therefor.
   1-50        (b)  An assessment shall be made where equitable for the
   1-51  special benefit, if any, conferred on an adjoining property by the
   1-52  new construction or improvement of any street.  The determination
   1-53  of special benefit shall be measured by the increase, if any, of
   1-54  the market value of the adjoining  property caused by the new
   1-55  construction or improvement and offset by any special damage caused
   1-56  by the new construction or improvement.  The market value
   1-57  estimation shall be made only after considering every factor that
   1-58  affects the adjoining property's market value that would be
   1-59  considered in the marketplace including, but not limited to, any
   1-60  effect the new construction or improvement may have on the access
   1-61  to and from the adjoining property, the visibility of the property,
   1-62  and the use and enjoyment of the property during the construction
   1-63  and after its completion.
   1-64        SECTION 3.  Section 21.041, Property Code, is amended to read
   1-65  as follows:
   1-66        Sec. 21.041.  Evidence.  In estimating <As> the compensation
   1-67  to which <basis for assessing actual damages to> a property owner
   1-68  is entitled in <from> a condemnation proceeding, <the special
    2-1  commissioners shall admit> evidence shall be admitted from the
    2-2  condemnor and the property owner on:
    2-3              (1)  the market value of the property being taken,
    2-4  considering all characteristics that affect the property's market
    2-5  value, including but not limited to the property's location and
    2-6  visibility and access to and from the property <condemned>;
    2-7              (2)  the decrease, if any, in the market value of
    2-8  <injury to> the property owner's remaining property caused by part
    2-9  or all of the condemnor's project for which, in part, the
   2-10  condemnation was instituted, considering any special damages caused
   2-11  by the condemnor's project, including but not limited to any change
   2-12  in the property's location and visibility and access to and from
   2-13  the property <owner>;
   2-14              (3)  the increase, if any, in the market value of
   2-15  <benefit to> the property owner's remaining property caused by part
   2-16  or all of the condemnor's project as an offset to any remainder
   2-17  damages that may be caused by part or all of the same project,
   2-18  considering any special benefits that result from the condemnor's
   2-19  project, including but not limited to any change in the property's
   2-20  location and visibility and access to and from the property<; and>
   2-21              <(4)  the use of the property for the purpose of the
   2-22  condemnation>.
   2-23        SECTION 4.  Subsections (a), (c), and (d), Section 21.042,
   2-24  Property Code, are amended to read as follows:
   2-25        (a)  The special commissioners shall assess damages in a
   2-26  condemnation proceeding according to the evidence presented at the
   2-27  hearing and shall consider all characteristics that affect a
   2-28  property's market value as set forth in Section 23.01, Tax Code,
   2-29  and Chapter 106, Acts of the 40th Legislature, 1st Called Session,
   2-30  1927 (Article 1105b, Vernon's Texas Civil Statutes), and Article
   2-31  1209, Revised Statutes.
   2-32        (c)  If a portion of a tract or parcel of real property is
   2-33  condemned, the special commissioners shall determine the damage to
   2-34  the property owner after estimating the extent of the injury and
   2-35  benefit to the property owner, including the effect of the
   2-36  condemnation and the construction and operation of the entire
   2-37  project for which, in part, the condemnation was instituted, on the
   2-38  market value of the property owner's remaining property.
   2-39        (d)  In estimating injury or benefit under Subsection (c),
   2-40  the special commissioners shall consider an injury or benefit that
   2-41  is peculiar to the property owner and that relates to the property
   2-42  owner's ownership, use, or enjoyment of the particular parcel of
   2-43  real property, and <but> they shall <may> not consider those
   2-44  injuries <an injury> or benefits that are sustained or enjoyed
   2-45  <benefit that the property owner experiences> in similar degree by
   2-46  all private property in <common with> the general community.
   2-47        SECTION 5.  This Act takes effect September 1, 1995.
   2-48        SECTION 6.  The importance of this legislation and the
   2-49  crowded condition of the calendars in both houses create an
   2-50  emergency and an imperative public necessity that the
   2-51  constitutional rule requiring bills to be read on three several
   2-52  days in each house be suspended, and this rule is hereby suspended.
   2-53                               * * * * *