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.