By Pitts H.B. No. 224 75R853 CAS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to an award of damages to a property owner in certain 1-3 condemnation proceedings. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 21.044, Property Code, is amended to read 1-6 as follows: 1-7 Sec. 21.044. DAMAGES FROM TEMPORARY POSSESSION. (a) If a 1-8 court finally determines that a condemnor who has taken possession 1-9 of property pending litigation did not have the right to condemn 1-10 the property, the court may award to the property owner the damages 1-11 that resulted from the temporary possession. 1-12 (b) If a court grants a condemnor's motion to dismiss a 1-13 condemnation proceeding after the condemnor has taken possession of 1-14 property pending litigation, for each year of pending or active 1-15 litigation, the property owner is entitled to an award of 20 1-16 percent of the amount paid to the owner or deposited with the 1-17 court. If the litigation is pending or active for less than any 1-18 full year, the amount to which the property owner is entitled shall 1-19 be prorated accordingly. The amount to which a property owner is 1-20 entitled under this subsection is in addition to any other amount 1-21 to which a property owner is entitled under this chapter. 1-22 (c) The court may order the payment of damages awarded under 1-23 this section from the award or other money deposited with the 1-24 court. However, if the award paid to or appropriated by the 2-1 property owner exceeds the court's final determination of the value 2-2 of the property, the court shall order the property owner to return 2-3 the excess to the condemnor. 2-4 SECTION 2. The change in law made by this Act applies only 2-5 to a condemnation proceeding in which the condemnor moves to 2-6 dismiss the condemnation proceeding on or after the effective date 2-7 of this Act. 2-8 SECTION 3. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended, 2-13 and that this Act take effect and be in force from and after its 2-14 passage, and it is so enacted.