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.