By Krusee                                              H.B. No. 384
         76R1054 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to assessment of damages in a condemnation proceeding.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 21.042, Property Code, is amended by
 1-5     amending Subsections (b), (c), and (e) and adding Subsection (f) to
 1-6     read as follows:
 1-7           (b)  If an entire tract or parcel of real property is
 1-8     condemned, the damage to the property owner is the local market
 1-9     value of the property at the time of the special commissioners'
1-10     hearing or, if the property owner chooses, at an earlier time
1-11     specified by the property owner in accordance with this subsection.
1-12     The property owner may establish the value of the property as of a
1-13     date not earlier than the date of the first offer made by the
1-14     condemnor to acquire a tract or parcel of real property for the
1-15     same project if:
1-16                 (1)  the property owner gives notice of that choice by
1-17     filing, not later than the seventh day before the first day of the
1-18     special commissioners' hearing, a written statement of that choice
1-19     with the court in which the condemnation proceeding is pending;
1-20                 (2)  the condemnor has made an offer for one or more
1-21     other tracts or parcels of real property for the same project; and
1-22                 (3)  the special commissioners' hearing is held after
1-23     the first anniversary of the date the first offer was made for any
1-24     tract or parcel of real property for the same project.
 2-1           (c)  If a portion of a tract or parcel of real property is
 2-2     condemned, the special commissioners shall determine the damage to
 2-3     the property owner after estimating the extent of the injury and
 2-4     benefit to the property owner, including the effect of the
 2-5     condemnation on the value of the property owner's remaining
 2-6     property.  For purposes of this subsection, the value of property
 2-7     is determined in the same manner as authorized for determining the
 2-8     value of property under Subsection (b).
 2-9           (e)  If a portion of a tract or parcel of real property is
2-10     condemned for the use, construction, operation, or maintenance of
2-11     the state highway system or of a county toll project described by
2-12     Chapter 284, Transportation Code, that is eligible for designation
2-13     as part of the state highway system, or for the use, construction,
2-14     development, operation, or maintenance of an improvement or project
2-15     by a metropolitan rapid transit authority created before January 1,
2-16     1980, with a principal municipality having a population of less
2-17     than 1,200,000 and established under Chapter 451, Transportation
2-18     Code, the special commissioners shall determine the damage to the
2-19     property owner regardless of whether the property owner makes a
2-20     claim for damages to the remaining property.  In awarding
2-21     compensation or assessing the damages, the special commissioners
2-22     shall consider any special and direct benefits that arise from the
2-23     highway improvement or the transit authority improvement or project
2-24     that are peculiar to the property owner and that relate to the
2-25     property owner's ownership, use, or enjoyment of the particular
2-26     parcel of remaining real property.  For purposes of this
2-27     subsection, the value of property is determined in the same manner
 3-1     as authorized for determining the value of property under
 3-2     Subsection (b).
 3-3           (f)  In this section, "same project" means a project for
 3-4     which:
 3-5                 (1)  privately owned real property may be acquired by
 3-6     condemnation under this chapter; and
 3-7                 (2)  the plans for the project require acquisition,
 3-8     construction on, or use of the real property that is the subject of
 3-9     the special commissioners' hearing.
3-10           SECTION 2.  The changes in law made by this Act apply only to
3-11     assessment of damages in a condemnation proceeding for which
3-12     special commissioners are appointed on or after the effective date
3-13     of this Act.
3-14           SECTION 3.  The importance of this legislation and the
3-15     crowded condition of the calendars in both houses create an
3-16     emergency and an imperative public necessity that the
3-17     constitutional rule requiring bills to be read on three several
3-18     days in each house be suspended, and this rule is hereby suspended,
3-19     and that this Act take effect and be in force from and after its
3-20     passage, and it is so enacted.