Amend CSSB 370 by adding a new appropriately numbered section
to read as follows and by renumbering the remaining sections as
appropriate:
      SECTION ____.  (a)  Section 21.042, Property Code, is amended
by amending Subsections (c)-(e) and adding Subsections (f) and (g)
to read as follows:
      (c)  If a portion of a tract or parcel of real property is
condemned and the property owner seeks an award for damage caused
by the condemnation to the property owner's remaining property, the
total amount of the award for damage t the property condemned and
to the remaining property is based on the difference in the local
market value of the entire property immediately before the
condemnation and the local market value of the remaining property
immediately after the condemnation, considering any benefit or
injury that the construction or operation of the condemnor's
project has on the market value of the remaining property<, the
special commissioners shall determine the damage to the property
owner after estimating the extent of the injury and benefit to the
property owner, including the effect of the condemnation on the
value of the property owner's remaining property>.
      (d)  Any increase or decrease in the market value of an
entire tract or parcel of real property caused by the condemnor's
proposed project before the condemnation may not be considered in
estimating the market value of that property before condemnation.
Any increase or decrease in the market value of any remaining real
property caused by the condemnor's proposed project after the
condemnation shall be considered in estimating the market value of
that property after the condemnation <In estimating injury or
benefit under Subsection (c), the special commissioners shall
consider an injury or benefit that is peculiar to the property
owner and that relates to the property owner's ownership, use, or
enjoyment of the particular parcel of real property, but they may
not consider an injury or benefit that the property owner
experiences in common with the general community>.
      (e)  In the case of a condemnation by or for the Texas
Department of Transportation of real property for a state or
federal highway, the estimation of the market value of property in
the condemnation proceeding shall include consideration of the
following factors:
            (1)  access to and from and on and off the property;
            (2)  traffic circulation and count in and around the
property;
            (3)  visibility and appearance of and from the
property; and
            (4)  productivity and convenience of use of the
property, including its highest and best use <If a portion of a
tract or parcel of real property is condemned for the use,
construction, operation, or maintenance of the state highway system
or of a county toll project described by Chapter 304, Acts of the
50th Legislature, Regular Session, 1947 (Article 6795b-1, Vernon's
Texas Civil Statutes), that is eligible for designation as part of
the state highway system, or for the use, construction,
development, operation, or maintenance of an improvement or project
by a metropolitan rapid transit authority created before January 1,
1980, with a principal city having a population of less than
1,200,000 and established under Chapter 141, Acts of the 63rd
Legislature, Regular Session, 1973, (Article 1118x, Vernon's Texas
Civil Statutes), the special commissioners shall determine the
damage to the property owner regardless of whether the property
owner makes a claim for damages to the remaining property. In
awarding compensation or assessing the damages, the special
commissioners shall consider any special and direct benefits that
arise from the highway improvement or the transit authority
improvement or project that are peculiar to the property owner and
that relate to the property owner's ownership, use, or enjoyment of
the particular parcel of remaining real property>.
      (f)  The effect that the condemnation has on any of the
market value characteristics required to be considered under
Subsection (e) shall be considered in estimating the market value
of any remaining portion of a tract or parcel of real property that
is condemned regardless of whether any other property in the area
is similarly affected by the condemnation. 
      (g)  Notwithstanding any other provision of this section, if
the property condemned is owned by a public entity or by a person
organized and operated on a non-profit basis and the property is
devoted to and needed by the property owner in good faith to
perform a public function or to provide a non-profit educational,
charitable, or eleemosynary service, the damage award may not be
less than the financial cost of replacing the property.
      (b)  The changes in law made by this section apply only to
assessment of damages in a condemnation proceeding for which a
special commissioners' hearing begins on or after the effective
date of this section. Assessment of damages in a condemnation
proceeding for which a special commissioners' hearing began before
the effective date of this section is governed by the law as it
existed at the time the hearing began, and the former law is
continued in effect for that purpose.