77R7614 PAM-D By Turner of Coleman H.B. No. 377 Substitute the following for H.B. No. 377: By Turner of Coleman C.S.H.B. No. 377 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to permitting the value of natural resources to be 1-3 included in the assessment of damages in a condemnation proceeding 1-4 in certain circumstances. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter C, Chapter 21, Property Code, is 1-7 amended by adding Section 21.0421 to read as follows: 1-8 Sec. 21.0421. ASSESSMENT OF DAMAGES: NATURAL RESOURCES. (a) 1-9 In this section, "natural resources" means timber, sand or gravel, 1-10 water, oil, natural gas, or other mineral deposits located on or 1-11 under real property. 1-12 (b) If a political subdivision states in its petition filed 1-13 under Section 21.012 that the intended purpose for acquiring real 1-14 property is to develop or use the natural resources located on or 1-15 under the real property, the special commissioners shall admit 1-16 evidence in the special commissioners' hearing relating to the 1-17 local market value of the natural resources in addition to the 1-18 local market value of the real property. 1-19 (c) If the special commissioners are required to admit 1-20 evidence relating to the local market value of natural resources 1-21 under Subsection (b), the special commissioners may assess damage 1-22 to the property owner based on: 1-23 (1) the local market value of the real property, 1-24 excluding the lease value of the natural resources on or under the 2-1 real property, at the time of the special commissioners' hearing; 2-2 and 2-3 (2) the local market value of the natural resources on 2-4 or under the real property at the time of the special 2-5 commissioners' hearing. 2-6 (d) This section does not: 2-7 (1) authorize natural resources located on or under 2-8 real property to be appraised separately from the real property for 2-9 property tax appraisal purposes; or 2-10 (2) subject real property condemned for the purpose 2-11 described by Subsection (b) to an additional tax as provided by 2-12 Section 23.46 or 23.55, Tax Code. 2-13 SECTION 2. (a) This Act takes effect September 1, 2001. 2-14 (b) This Act does not affect any litigation pending on 2-15 September 1, 2001, in any court of competent jurisdiction that 2-16 relates to the assessment of damages in a condemnation proceeding 2-17 under Chapter 21, Property Code.