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.