By Kubiak H.B. No. 248 75R543 PAM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain condemnation procedures. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter B, Chapter 21, Property Code, is 1-5 amended by adding Sections 21.0112 and 21.0113 to read as follows: 1-6 Sec. 21.0112. NEGOTIATION AND APPRAISAL. (a) A condemnor 1-7 shall make every reasonable effort to acquire real property by 1-8 negotiating with the property owner to determine the amount of 1-9 damages. 1-10 (b) Before initiating negotiations with the property owner, 1-11 the condemnor shall have the property appraised to determine the 1-12 amount of damages that would constitute just compensation for the 1-13 property. 1-14 (c) The condemnor shall provide the property owner or the 1-15 owner's representative a reasonable opportunity to accompany the 1-16 appraiser during the appraiser's inspection of the property. 1-17 Sec. 21.0113. OFFER TO PURCHASE. (a) Before initiating 1-18 negotiations for the purchase of real property under Section 1-19 21.0112, the condemnor shall: 1-20 (1) establish an amount that the condemnor believes is 1-21 just compensation for the property; and 1-22 (2) submit to the property owner an offer to acquire 1-23 the property for the amount established. 1-24 (b) The amount of the offer submitted to the property owner 2-1 under Subsection (a) may not be less than the amount established by 2-2 the appraisal of the property under Section 21.0112. 2-3 (c) In establishing the amount of the offer under this 2-4 section, the condemnor shall disregard any decrease or increase in 2-5 the fair market value of the property caused by the project for 2-6 which the property is to be acquired or by the reasonable 2-7 likelihood that the property will be acquired for that project, 2-8 other than a decrease resulting from physical deterioration that is 2-9 within the reasonable control of the property owner. 2-10 (d) At the time the offer is submitted to the property 2-11 owner, the condemnor shall provide the owner with any written 2-12 appraisal prepared at the condemnor's request. If a written 2-13 appraisal has not been prepared, the condemnor shall provide the 2-14 owner with a written statement and summary that indicates the basis 2-15 for the amount established as just compensation for the property. 2-16 If a portion of a tract or parcel of property is to be condemned, 2-17 the compensation for the property to be acquired and for the 2-18 damages to the remaining property must be stated separately. 2-19 SECTION 2. This Act takes effect September 1, 1997. The 2-20 change in law made by this Act applies only to a condemnor in 2-21 regard to an offer to purchase that is made on or after the 2-22 effective date of this Act. A condemnor who makes an offer to 2-23 purchase before the effective date of this Act is covered in regard 2-24 to that offer by the law in effect when the offer was made, and the 2-25 former law is continued in effect for that purpose. 2-26 SECTION 3. The importance of this legislation and the 2-27 crowded condition of the calendars in both houses create an 3-1 emergency and an imperative public necessity that the 3-2 constitutional rule requiring bills to be read on three several 3-3 days in each house be suspended, and this rule is hereby suspended.