1-1     By:  Madla                                             S.B. No. 438
 1-2           (In the Senate - Filed January 29, 2001; January 30, 2001,
 1-3     read first time and referred to Committee on Intergovernmental
 1-4     Relations; February 21, 2001, reported favorably by the following
 1-5     vote:  Yeas 5, Nays 0; February 21, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to permitting the value of natural resources to be
 1-9     included in the assessment of damages in a condemnation proceeding
1-10     in certain circumstances.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Subchapter C, Chapter 21, Property Code, is
1-13     amended by adding Section 21.0421 to read as follows:
1-14           Sec. 21.0421.  ASSESSMENT OF DAMAGES:  NATURAL RESOURCES.
1-15     (a) In this section, "natural resources" means timber, sand or
1-16     gravel, water, oil, natural gas, or other mineral deposits located
1-17     on or under real property.
1-18           (b)  If a political subdivision states in its petition filed
1-19     under Section 21.012 that the intended purpose for acquiring real
1-20     property is to develop or use the natural resources located on or
1-21     under the real property, the special commissioners shall admit
1-22     evidence in the special commissioners' hearing relating to the
1-23     local market value of the natural resources in addition to the
1-24     local market value of the real property.
1-25           (c)  If the special commissioners are required to admit
1-26     evidence relating to the local market value of natural resources
1-27     under Subsection (b), the special commissioners may assess damage
1-28     to the property owner based on:
1-29                 (1)  the local market value of the real property at the
1-30     time of the special commissioners' hearing; and
1-31                 (2)  the local market value of the natural resources on
1-32     or under the real property at the time of the special
1-33     commissioners' hearing.
1-34           SECTION 2.  (a)  This Act takes effect September 1, 2001.
1-35           (b)  This Act does not affect any litigation pending on
1-36     September 1, 2001, in any court of competent jurisdiction that
1-37     relates to the assessment of damages in a condemnation proceeding
1-38     under Chapter 21, Property Code.
1-39                                  * * * * *