76R10743 WP-D                           
         By Hilderbran                                         H.B. No. 3385
         Substitute the following for H.B. No. 3385:
         By Krusee                                         C.S.H.B. No. 3385
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the award of attorney's fees and court costs in certain
 1-3     actions to determine whether a governmental action results in a
 1-4     taking of private real property.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 2007.026(b), Government Code, is amended
 1-7     to read as follows:
 1-8           (b)  The court or the state agency may [shall] award a
 1-9     governmental entity that prevails in a suit or contested case filed
1-10     under this subchapter reasonable and necessary attorney's fees and
1-11     court costs.
1-12           SECTION 2.  The change in law made by this Act applies to a
1-13     suit or contested case filed before the effective date of this Act
1-14     only if a judgment or final decision or order in the suit or case
1-15     was not rendered or issued before that date.
1-16           SECTION 3.  The importance of this legislation and the
1-17     crowded condition of the calendars in both houses create an
1-18     emergency and an imperative public necessity that the
1-19     constitutional rule requiring bills to be read on three several
1-20     days in each house be suspended, and this rule is hereby suspended,
1-21     and that this Act take effect and be in force from and after its
1-22     passage, and it is so enacted.