Amend HB 2006 (Senate committee printing) as follows:
(1) In SECTION 2 of the bill, in Subdivision (2), Subsection
(b), added Section 2206.051, Government Code (page 4, line 47),
strike "or" and substitute "[or]".
(2) In SECTION 2 of the bill, in Subdivision (3), Subsection
(b), added Section 2206.051, Government Code (page 4, line 56),
between "Tax Code" and the period, insert the following:
; or
(4) is not for a public use
(3) In SECTION 2 of the bill, in Paragraph (A), Subdivision
(7), Subsection (c), added Section 2206.051, Government Code (page
5, line 7), between "carrier" and "subject", insert "pipeline".
(4) In SECTION 2 of the bill, in Paragraph (A), Subdivision
(7), Subsection (c), added Section 2206.051, Government Code (page
5, lines 7-8), strike "subject to Chapter 111, Natural Resources
Code".
(5) In SECTION 2 of the bill, in added Subsection (a),
Section 2206.103, Government Code (page 5, lines 38-39), strike
"Except as provided by Subsection (b) or (d)," and substitute "If
the motion required by Subsection (c) indicates that the first
record vote applies to all units of property to be condemned, and
the minutes of the entity reflect that the first vote applies to all
of those units, a single ordinance, resolution, or order may be
adopted for all of those units of property. If more than one member
of the governing body objects to adopting a single ordinance,
resolution, or order by a record vote for all units of property for
which condemnation proceedings are to be initiated,".
(6) In SECTION 2 of the bill, in added Subsection (a),
Section 2206.103, Government Code (page 5, lines 40-41), strike
"for which condemnation proceedings are to be initiated".
(7) In SECTION 3 of the bill, in the recital (page 6, line
6), strike "Sections 21.0112 and 21.0113" and substitute "Section
21.0112".
(8) In SECTION 3 of the bill, in the heading of added Section
21.0112, Property Code (page 6, line 7), strike "GOOD FAITH
STANDARD" and substitute "BONA FIDE OFFER REQUIRED".
(9) In SECTION 3 of the bill, in added Section 21.0112,
Property Code (page 6, line 9), strike "good faith effort" and
substitute "bona fide offer".
(10) In SECTION 3 of the bill, in added Section 21.0112,
Property Code (page 6, line 10), after the period, insert "A bona
fide offer is an offer that is not arbitrary or capricious and is
based on a reasonably thorough investigation and honest assessment
of the amount of the just compensation due to the landowner as a
result of the taking."
(11) In SECTION 3 of the bill, strike added Section 21.0113,
Property Code (page 6, lines 11-25).
(12) In SECTION 4 of the bill, in added Subdivision (5),
Subsection (b), Section 21.012, Property Code (page 6, line 36),
strike "good faith effort" and substitute "bona fide offer".
(13) Strike SECTION 6 of the bill (page 6, line 53, through
page 7, line 4) and substitute the following:
SECTION 6. Section 21.041, Property Code, is amended to
read as follows:
Sec. 21.041. EVIDENCE. (a) For the purposes of this
section, market value is the price a property will bring when
offered for sale by a person who desires to sell the property, but
is not obliged to sell the property, and is bought by a person who
desires to buy the property, but is not under a necessity to buy the
property.
(b) As the basis for assessing actual damages to a property
owner from a condemnation, the special commissioners shall, subject
to the Texas Rules of Evidence, admit evidence on:
(1) the market value, before the condemnation, of the
property being condemned;
(2) subject to Section 21.042, the net change to the
market value of [the injury to the property owner;
[(3) the benefit to] the property owner's remaining
property, considering both injury and benefit to the property
owner; and
(3) [(4)] the use of the property for the purpose of
the condemnation.
(14) Strike SECTION 7 of the bill (page 7, lines 5-14) and
renumber subsequent SECTIONS of the bill accordingly.
(15) In SECTION 10 of the bill, strike added Subsection (d),
Section 21.047, Property Code (page 7, lines 36-40), and substitute
the following:
(d) If a court hearing a suit under this chapter determines
that a condemning entity did not make a bona fide offer to acquire
the property from the property owner voluntarily as required by
Section 21.0112, the court shall abate the suit and order the
condemnor to make a bona fide offer. If the court finds that by
filing a petition under Section 21.012 or by filing any other motion
or pleading in the proceeding initiated by the filing of that
petition the condemnor violated Chapter 10, Civil Practice and
Remedies Code, the court shall order the condemnor to pay:
(1) all costs as provided by Subsection (a); and
(2) any reasonable attorney's fees incurred by the
owner that are directly related to the violation.
(16) In SECTION 11 of the bill, in amended Subsection (a),
Section 21.101, Property Code (page 7, line 45), between "entity"
and "through", insert "other than a port that is acquiring property
for deep water navigation".
(17) In SECTION 11 of the bill, in amended Subsection (a),
Section 21.101, Property Code (page 7, line 49), between
"acquisition" and the period, insert "or the governmental entity
fails to begin the operation or construction of the project for
which the property was acquired before the 10th anniversary of that
date".
(18) Add the following appropriately numbered SECTIONS to
the bill and renumber existing SECTIONS accordingly:
SECTION __. Section 21.102, Property Code, is amended to
read as follows:
Sec. 21.102. NOTICE TO PREVIOUS PROPERTY OWNER AT TIME OF
CANCELLATION OF PUBLIC USE OR ON FAILURE TO BEGIN OPERATION OR
CONSTRUCTION OF PROJECT. Not later than the 180th day after the
date of the cancellation of the public use for which real property
was acquired through eminent domain from a property owner under
Subchapter B or the 180th day after the 10th anniversary of the date
on which the property was acquired if the governmental entity fails
to begin the operation or construction of the project for which the
property was acquired before the 10th anniversary of that date, the
governmental entity shall send by certified mail, return receipt
requested, to the property owner or the owner's heirs, successors,
or assigns a notice containing:
(1) an identification, which is not required to be a
legal description, of the property that was acquired;
(2) an identification of the public use for which the
property had been acquired and a statement that the public use has
been canceled or the governmental entity has failed to begin the
operation or construction of the project for which the property was
acquired; and
(3) a description of the person's right under this
subchapter to repurchase the property.
SECTION __. Not later than January 1, 2009, the comptroller
shall:
(1) identify all public and private entities with
eminent domain authority; and
(2) make recommendations to the legislature and the
governor regarding:
(A) which entities have, need, or should have
eminent domain authority;
(B) whether that eminent domain authority of
those entities should be continued, expanded, or limited; and
(C) the cause and effect of continuing,
eliminating, expanding, or limiting the eminent domain authority of
those entities.