Amend CSSB 2 (House committee printing) by adding the following appropriately numbered new SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly: SECTION ____. (a) Subchapter C, Chapter 21, Property Code, is amended by adding Section 21.0421 to read as follows: Sec. 21.0421. ASSESSMENT OF DAMAGES: GROUNDWATER RIGHTS. (a) In a condemnation proceeding initiated by a municipality under this chapter, the special commissioners or court shall admit evidence relating to the market value of groundwater rights as property apart from the land in addition to the local market value of the real property if: (1) the municipality proposes to condemn the fee title of real property; and (2) the special commissioners or court finds, based on evidence submitted at the hearing, that the real property may be used by the municipality to develop or use the rights to groundwater for a public purpose. (b) The evidence submitted under Subsection (a) on the market value of the groundwater rights as property apart from the land shall be based on generally accepted appraisal methods and techniques, including the methods of appraisal under Subchapter A, Chapter 23, Tax Code. (c) If the special commissioners or court finds that the right to groundwater may be developed or used for municipal purposes, the special commissioners or court may assess damages to the property owner based on: (1) the local market value of the real property, excluding the value of the groundwater in place, at the time of the hearing; and (2) the market value of the groundwater rights as property apart from the land at the time of the hearing. (d) This section does not: (1) authorize groundwater rights appraised separately from the real property under this section to be appraised separately from real property for property tax appraisal purposes; or (2) subject real property condemned for the purpose described by Subsection (a) to an additional tax as provided by Section 23.46 or 23.55, Tax Code. (b) The change in law made by Section 21.0421, Property Code, as added by this section, does not affect any litigation pending on September 1, 2001, that relates to the assessment of damages in a condemnation proceeding under Chapter 21, Property Code.