By:  Brown                                            S.B. No. 1927

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to dismissal of condemnation proceedings.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Section 21.019, Property Code, is amended to read

 1-4     as follows:

 1-5           Sec. 21.019.  Dismissal of Condemnation Proceedings.  (a)  A

 1-6     party that files a condemnation petition may move to dismiss the

 1-7     proceedings, and the court shall conduct a hearing on the motion.

 1-8     The court may grant the motion only if the court determines that

 1-9     the property owner's interest will not be materially affected by

1-10     the dismissal.  A [However, after the special commissioners have

1-11     made an award, in an effort to obtain a lower award a] condemnor

1-12     may not dismiss the condemnation proceedings merely to institute

1-13     new proceedings that involve substantially the same condemnation

1-14     against the same property owner solely to obtain a lower

1-15     condemnation award.

1-16           (b)  If a [A] court dismisses [that hears and grants a motion

1-17     to dismiss] a condemnation proceeding for any reason, the court

1-18     [made by a condemnor under Subsection (a)] shall make an allowance

1-19     to the property owner for the value of the condemnor's use of the

1-20     property while in possession of the property, any damage that the

1-21     condemnation has caused to the property owner, and any expenses the

 2-1     property owner has incurred in connection with the condemnation,

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

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

 2-4     property owner to the date of the hearing].

 2-5           [(c)  A court that hears and grants a motion to dismiss a

 2-6     condemnation proceeding made by a property owner seeking a judicial

 2-7     denial of the right to condemn or that otherwise renders a judgment

 2-8     denying the right to condemn may make an allowance to the property

 2-9     owner for reasonable and necessary fees for attorneys' appraisers,

2-10     and photographers and for the other expenses incurred by the

2-11     property owner to the date of the hearing or judgment.]

2-12           SECTION 2.  The change in law made by this Act applies to any

2-13     pending suit on the effective date of this Act and any suit filed

2-14     after the effective date of this Act.

2-15           SECTION 3.  EMERGENCY.  The importance of this legislation

2-16     and the crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended,

2-20     and that this Act take effect and be in force from and after its

2-21     passage, and it is so enacted.