By Hilbert H.B. No. 3338
Substitute the following for H.B. No. 3338:
By Turner of Coleman C.S.H.B. No. 3338
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to alternative pleading asserting a claim to property or
1-3 seeking to condemn property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.017, Property Code, is amended to read
1-6 as follows:
1-7 Sec. 21.017. Alternative Pleading To Condemn. (a) This
1-8 state, a political subdivision of this state, a person, an
1-9 association of persons, or a corporation that is a party to a suit
1-10 covered by Section 21.003 of the code by petition, cross-bill, or
1-11 plea of intervention may assert a claim to the property or,
1-12 alternatively, seek to condemn the property.
1-13 (b) A plea under this section is not an admission of an
1-14 adverse party's title to the property in controversy.
1-15 (c) A party who pleads in the alternative may not enter or
1-16 use the property that is the subject of the proceeding without
1-17 written permission of the adverse party until the court determines
1-18 that the party who pleads in the alternative has acquired the
1-19 rights necessary to enter on and use the property for a public
1-20 purpose.
1-21 (d) If the court determines that a party described by
1-22 Subsection (a) does not own the property, the court shall award the
1-23 property owner:
1-24 (1) any damages caused by the party's wrongful
2-1 possession and use of the property; and
2-2 (2) all reasonable expenses, including reasonable and
2-3 necessary attorney's fees.
2-4 (e) This section does not apply to a party as defined in
2-5 subsection (a) that has acquired an interest in one's property, but
2-6 has in good faith mislocated the improvement it has constructed on
2-7 the property outside the boundaries of the property it has
2-8 acquired.
2-9 SECTION 2. The change in law made by this Act applies to any
2-10 pending suit on the effective date of this Act and any suit filed
2-11 after the effective date of this Act.
2-12 SECTION 3. EMERGENCY. The importance of this legislation
2-13 and the crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.