By Hilbert                                            H.B. No. 3339

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the procedure for an eminent domain proceeding.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 21.017, Property Code, is amended by

 1-5     adding Subsections (c)-(e) to read as follows:

 1-6           (c)  A party who pleads in the alternative may not enter or

 1-7     use the property that is the subject of the proceeding without

 1-8     written permission of the adverse party until the court determines

 1-9     that the party who pleads in the alternative has acquired the

1-10     rights necessary to enter and use the property for a public

1-11     purpose.

1-12           (d)  If the court determines that a party described by

1-13     Subsection (a) does not own all of the necessary property interests

1-14     in the property, the court shall award the property owner the

1-15     damages and expenses provided in Section 21.019, including:

1-16                 (1)  any trespass damages caused by the party's

1-17     wrongful possession and use of the property; and

1-18                 (2)  all reasonable expenses, including reasonable and

1-19     necessary attorney's fees.

1-20           (e)  This section does not apply to a party described by

1-21     Subsection (a) that has acquired an interest in property, but has

1-22     in good faith constructed an improvement on property outside the

1-23     boundaries of the property the party has acquired.

1-24           SECTION 2.  Section 21.019, Property Code, is amended to read

 2-1     as follows:

 2-2           Sec. 21.019. DISMISSAL OF CONDEMNATION PROCEEDINGS.  (a)  A

 2-3     party that files a condemnation petition may move to dismiss the

 2-4     proceedings, and the court shall conduct a hearing on the motion.

 2-5     The court may grant the motion only if the court determines that

 2-6     the property owner's interest will not be materially affected by

 2-7     the dismissal.  A  [However, after the special commissioners have

 2-8     made an award, in an effort to obtain a lower award a] condemnor

 2-9     may not dismiss the condemnation proceedings merely to institute

2-10     new proceedings that involve substantially the same condemnation

2-11     against the same property owner solely to obtain a lower

2-12     condemnation award.

2-13           (b)  If any [A] court dismisses [that hears and grants a

2-14     motion to dismiss] a condemnation proceeding, the court [made by a

2-15     condemnor under Subsection (a)] shall make an allowance to the

2-16     property owner for the value of the condemnor's use of the property

2-17     while in possession of the property, any damage that the

2-18     condemnation has caused to the property owner in the use of the

2-19     property affected by the condemnation, and any expenses the

2-20     property owner has incurred in connection with the condemnation,

2-21     including reasonable and necessary fees for attorneys[, appraisers,

2-22     and photographers and for the other expenses incurred by the

2-23     property owner to the date of the hearing].

2-24           [(c)  A court that hears and grants a motion to dismiss a

2-25     condemnation proceeding made by a property owner seeking a judicial

2-26     denial of the right to condemn or that otherwise renders a judgment

2-27     denying the right to condemn may make an allowance to the property

 3-1     owner for reasonable and necessary fees for attorneys, appraisers,

 3-2     and photographers and for the other expenses incurred by the

 3-3     property owner to the date of the hearing or judgment.]

 3-4           SECTION 3.  (a)  The changes in law made by Sections

 3-5     21.017(c)-(e), Property Code, as added by this Act, apply to any

 3-6     pending suit on the effective date of this Act and any suit filed

 3-7     after the effective date of this Act.

 3-8           (b)  The changes in law made by Section 21.019, Property

 3-9     Code, as amended by this Act, apply only to dismissal of a

3-10     condemnation proceeding for which a motion is made on or after the

3-11     effective date of this Act.  Dismissal of a condemnation proceeding

3-12     for which a motion is made before the effective date of this Act is

3-13     governed by the law in effect at the time the motion was made, and

3-14     that law is continued in effect for that purpose.

3-15           SECTION 4.  The importance of this legislation and the

3-16     crowded condition of the calendars in both houses create an

3-17     emergency and an imperative public necessity that the

3-18     constitutional rule requiring bills to be read on three several

3-19     days in each house be suspended, and this rule is hereby suspended,

3-20     and that this Act take effect and be in force from and after its

3-21     passage, and it is so enacted.