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.