By Kubiak                                        H.B. No. 249

      75R544 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the real property subject to a condemnation proceeding.

 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 Section 21.0112 to read as follows:

 1-6           Sec. 21.0112.  OFFER TO ACQUIRE UNECONOMIC REMNANT.  (a)  If

 1-7     acquiring a portion of a tract or parcel of real property by a

 1-8     condemnor would leave the property owner with an uneconomic

 1-9     remnant, the condemnor shall offer to acquire the entire tract or

1-10     parcel of real property.  The condemnor may acquire the uneconomic

1-11     remnant by purchase or by condemnation if the property owner

1-12     consents to the acquisition.

1-13           (b)  In this section, "uneconomic remnant" means that portion

1-14     of a tract or parcel of real property that remains after a partial

1-15     taking of property by a condemnor that:

1-16                 (1)  is of minimal value; or

1-17                 (2)  gives rise to a substantial risk that the

1-18     condemnor will be required to pay in compensation for the portion

1-19     taken an amount substantially equal to the amount that would be

1-20     required to be paid if that portion and the remainder were taken as

1-21     a whole.

1-22           SECTION 2.  This Act takes effect September 1, 1997.  The

1-23     change in law made by this Act applies only to a condemnor in

1-24     regard to an offer to purchase a portion of a tract or parcel of

 2-1     real property that is made on or after the effective date of this

 2-2     Act.  A condemnor who makes an offer to purchase a portion of a

 2-3     tract or parcel of real property before the effective date of this

 2-4     Act is covered in regard to that offer by the law in effect when

 2-5     the offer was made, and the former law is continued in effect for

 2-6     that purpose.

 2-7           SECTION 3.  The importance of this legislation and the

 2-8     crowded condition of the calendars in both houses create an

 2-9     emergency and an imperative public necessity that the

2-10     constitutional rule requiring bills to be read on three several

2-11     days in each house be suspended, and this rule is hereby suspended.