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.