76R10180 PAM-F                           
         By Hilbert                                            H.B. No. 1185
         Substitute the following for H.B. No. 1185:
         By Walker                                         C.S.H.B. No. 1185
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to requiring the dismissal of certain claims filed by
 1-3     certain condemnors and providing remedies for property owners.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 21.017, Property Code, is amended by
 1-6     adding Subsection (c) to read as follows:
 1-7           (c)  This subsection applies to an entity, excluding a
 1-8     governmental entity, that asserts a claim under Subsection (a)  to
 1-9     property that the entity is occupying or otherwise using.  If a
1-10     court in a suit covered by Section 21.003 determines that an entity
1-11     has intentionally failed to acquire all legal interest in the
1-12     property that would entitle the entity to fully occupy and use the
1-13     property for the purpose for which the entity is occupying and
1-14     using the property, the court shall:
1-15                 (1)  dismiss the claim asserted under Subsection (a);
1-16     and
1-17                 (2)  make an allowance to the property owner for:
1-18                       (A)  the value of the entity's occupancy and use
1-19     of the property while in possession of the property;
1-20                       (B)  any damage resulting from the entity's
1-21     occupancy and use of the property; and
1-22                       (C)  any expenses the property owner has incurred
1-23     in connection with the claim asserted under Subsection (a),
1-24     including reasonable and necessary attorney's fees.
 2-1           SECTION 2.  The change in law made by this Act applies to a
 2-2     claim asserted under Section 21.017(a), Property Code, that is
 2-3     pending or that is filed on or after the effective date of this
 2-4     Act.
 2-5           SECTION 3.  The importance of this legislation and the
 2-6     crowded condition of the calendars in both houses create an
 2-7     emergency and an imperative public necessity that the
 2-8     constitutional rule requiring bills to be read on three several
 2-9     days in each house be suspended, and this rule is hereby suspended,
2-10     and that this Act take effect and be in force from and after its
2-11     passage, and it is so enacted.