Amend CSHB 3339 as follows:
      (1)  On page 1 of the bill, between lines 3 and 4, insert the
following and renumber subsequent sections of the bill accordingly:
      SECTION 1.  Section 21.017, Property Code, is amended by
adding Subsection (c)-(e) to read as follows:
      "(c)  A party who pleads in the alternative may not enter or
use the property that is the subject of the proceeding without
written permission of the adverse party until the court determines
that the party who pleads in the alternative has acquired the
rights necessary to enter and use the property for a public
purpose. 
      (d)  If the court determines that a party described by
Subsection (a) does not own all of the necessary property interests
in the property, the court shall award the property owner the
damages and expenses provided in Section 21.019, including:
            (1)  any trepass damages caused by the party's wrongful
possession and use of the property; and
            (2)  all reasonable expenses, including reasonable and
necessary attorney's fees. 
      (e)  This section does not apply to a party described by
Subsection (a) that has acquired an interest in property, but has
in good faith constructed an improvement on property outside the
boundaries of the property the party has acquired."
      (2)  On page 1 of the bill, line 17, strike "a" and
substitute "any".
      (3)  On page 1 of the bill, line 22, betweeen "owner" and the
comma, insert "in the use of the property affected by the
condemnation".
      (4)  On page 2, strike line 10, and substitute the following:
      "SECTION 2.  (a)  The changes in law made by Section
21.017(c)-(e), Property Code, as added by this Act, apply to any
pending suit on the effective date of this Act and any suit filed
after the effective date of this Act.
      (b)  The changes in law made by Section 21.019, Property
Code, as amended by this Act, apply only to".