By Turner of Coleman                                   H.B. No. 377
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain circumstances where the fair market value of
 1-3     natural resources may be included in the assessment of damage to a
 1-4     property owner in a condemnation proceeding.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter C, Chapter 21, Property Code is amended
 1-7     by adding a new Section 21.0421 to read as follows:
 1-8           Sec. 21.0421.  ASSESSEMENT OF DAMAGES; NATURAL RESOURCES. (a)
 1-9     For the purposes of this section, the term "natural resources"
1-10     means timber, sand or gravel, water, oil, natural gas, or natural
1-11     deposits of minerals.
1-12           (b)  If a political subdivision of this state files a
1-13     condemnation petition under Section 21.012 of this code for the
1-14     purpose of acquiring real property and states in the petition that
1-15     the purpose for which the political subdivision intends to use the
1-16     property is to develop or use the natural resources on, within or
1-17     underneath the property, the special commissioners shall admit
1-18     evidence on the fair market value of that natural resource apart
1-19     from the fair market value of the real property.
1-20           (c)  If the special commissioners are required to admit
1-21     evidence under Subsection (a), they may assess, apart from the
1-22     damage to the real property, the damage to the property owner for
 2-1     the fair market value of natural resources on, within or underneath
 2-2     the real property condemned.
 2-3           SECTION 2. This Act takes effect September 1, 2001.