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Amend CSSB 1273 (House committee printing) as follows:
(1) In SECTION 2 of the bill, in added Section 183.056(c), Natural Resources Code (page 4, line 25), strike "fund" and
substitute "qualified easement holder".
(2) In SECTION 2 of the bill, at the end of added Section
183.056(c), Natural Resources Code (page 4, line 27), add:
The qualified easement holder shall pay to the fund any amounts
received under this subsection, not to exceed the amount paid by the
fund for the purchase of the easement.
(3) In SECTION 2 of the bill, strike added Section
183.057(d), Natural Resources Code (page 6, lines 2-11), and
substitute:
(d) If, after making the determination required by
Subsection (a), a department or agency of this state, a county, a
municipality, another political subdivision, or a public utility
acquires by eminent domain a fee simple interest in land encumbered
by an agricultural conservation easement purchased under this
subchapter:
(1) the easement on the condemned property terminates;
and
(2) the entity exercising the power of eminent domain
shall:
(A) pay for an appraisal of the fair market
value, as that term is defined by Section 183.056, of the property
subject to condemnation;
(B) pay to the qualified easement holder an
amount equal to the amount paid by the holder for the portion of the
easement affecting the property to be condemned;
(C) pay to the landowner an amount equal to the
fair market value of the condemned property less the amount paid to
the qualified easement holder under Paragraph (B); and
(D) pay to the landowner and the qualified
easement holder any additional damages to their interests in the
remaining property, as determined by the special commissioners
under Section 21.042, Property Code.
(e) If, after making the determination required by
Subsection (a), a department or agency of this state, a county, a
municipality, another political subdivision, or a public utility
acquires by eminent domain an interest other than a fee simple
interest in land encumbered by an agricultural conservation
easement purchased under this subchapter:
(1) the entity exercising the power of eminent domain
shall pay for an appraisal of the fair market value, as that term is
defined by Section 183.056, of the property subject to
condemnation; and
(2) the special commissioners shall consider the fair
market value as the value of the property for purposes of assessing
damages under Section 21.042, Property Code.
(f) The qualified easement holder shall pay to the fund any
amounts received under Subsections (d) and (e), not to exceed the
amount paid by the fund for the purchase of the easement.
(4) In SECTION 2 of the bill, strike added Section
183.061(a)(2), Natural Resources Code (page 10, lines 22-27), and
substitute:
(2) three ex officio members as follows:
(A) the commissioner;
(B) the presiding officer of the Parks and
Wildlife Commission or the presiding officer's designee; and
(C) the state conservationist of the Natural
Resource Conservation Service of the United States Department of
Agriculture or a designee of that person, who serves as a nonvoting
member.
(5) In SECTION 2 of the bill, in added Section 183.061(d),
Natural Resources Code, between "designate" and "an" (page 11, line
8), insert "from among the members of the council".
(6) In SECTION 2 of the bill, strike added Section 183.064,
Natural Resources Code (page 15, lines 3-7), and substitute:
Sec. 183.064. REPORT TO TEXAS DEPARTMENT OF TRANSPORTATION.
Not later than the 10th day after the date of a closing of a purchase
of an easement under this subchapter, the land office shall provide
the Texas Department of Transportation a legal description of the
property subject to the easement and shall include with the
description the date the closing occurred.