Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Hilbert                                      H.B. No. 3339

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to dismissal of condemnation proceedings.

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

 1-4           SECTION 1.  Section 21.019, Property Tax Code, is amended to

 1-5     read as follows:

 1-6           Sec. 21.019.  Dismissal of Condemnation Proceedings.  (a)  A

 1-7     party that institutes a condemnation proceeding may dismiss the

 1-8     proceeding if the property owner's interest in the property is not

 1-9     materially affected by the dismissal and the condemnor has not

1-10     taken physical possession of the property.  The court shall conduct

1-11     a hearing on the motion to determine whether to allow the

1-12     dismissal.  However, the condemnor may not dismiss a condemnation

1-13     proceeding merely to institute new proceedings that involve

1-14     substantially the same condemnation against the same property

1-15     solely to obtain a lower compensation award.

1-16           (b)  A court that dismisses a condemnation proceeding shall

1-17     make an allowance to the property owner for the market value of the

1-18     condemnor's use of the property while in possession of the

1-19     property, any damages that the condemnation may have caused the

1-20     property owner, and for all expenses including, but not limited to,

1-21     reasonable and necessary attorneys' fees the property owner incurs

1-22     in connection with the condemnation.

1-23           [(a)  A party that files a condemnation petition may move to

1-24     dismiss the proceedings, and the court shall conduct a hearing on

 2-1     the motion.  However, after the special commissioners have made an

 2-2     award, in an effort to obtain a lower award a condemnor may not

 2-3     dismiss the condemnation proceedings merely to institute new

 2-4     proceedings that involve substantially the same condemnation

 2-5     against the property owner.]

 2-6           [(b)  A court that hears and grants a motion to dismiss a

 2-7     condemnation proceeding made by a condemnor under Subsection (a)

 2-8     shall make an allowance to the property owner for reasonable and

 2-9     necessary fees for attorneys, appraisers, and photographers and for

2-10     the other expenses incurred by the property owner to the date of

2-11     the hearing.]

2-12           [(c)  A court that hears and grants a motion to dismiss a

2-13     condemnation proceeding made by a property owner seeking a judicial

2-14     denial of the right to condemn or that otherwise renders judgment

2-15     denying the right to condemn may make an allowance to the property

2-16     owner for reasonable and necessary fees for attorneys, appraisers,

2-17     and photographers and for the expenses incurred by the property

2-18     owner to the date of the hearing or judgment.]

2-19           SECTION 2.  EMERGENCY.  The importance of this legislation

2-20     and the crowded condition of the calendars in both houses create an

2-21     emergency and an imperative public necessity that the

2-22     constitutional rule requiring bills to be read on three several

2-23     days in each house be suspended, and this rule is hereby suspended,

2-24     and that this Act take effect and be in force from and after its

2-25     passage, and it is so enacted.