Amend HB 2006 (House committee report), as follows:
(1) On page 8, between lines 14 and 15, insert the
following:
SECTION 8. Section 21.042, Property Code, is amended to
read as follows:
(e) If a portion of a tract or parcel of real property is
condemned for the use, construction, operation, or maintenance of
the state highway system or of a county toll project described by
Chapter 284, Transportation Code, that is eligible for designation
as part of the state highway system, the special commissioners
shall consider any diminished access to the highway and to or from
the remaining property to the extent that it affects the present
market value of the real property, including any factors considered
when determining actual fair market value of property for ad
valorem tax purposes [or for the use, construction, development,
operation, or maintenance of an improvement or project by a
metropolitan rapid transit authority created before January 1,
1980, with a principal municipality having a population of less
than 1.9 million and established under Chapter 451, Transportation
Code, the special commissioners shall determine the damage to the
property owner regardless of whether the property owner makes a
claim for damages to the remaining property. In awarding
compensation or assessing the damages, the special commissioners
shall consider any special and direct benefits that arise from the
highway improvement or the transit authority improvement or project
that are peculiar to the property owner and that relate to the
property owner's ownership, use, or enjoyment of the particular
parcel of remaining real property].
(2) Renumber subsequent sections accordingly.