Amend CSSB 3 (House Committee Printing) as follows:
1) On page 53, line 26 by inserting a new SECTION 2A.01 to
read as follows:
SECTION 2A.01 Section 11.035, Chapter 11, Water Code is
amended to read as follows:
11.035. CONDEMNATION OF PRIVATE PROPERTY. (a) An
appropriator may obtain rights-of-way over private land and may
obtain the land necessary for pumping plants, intakes, headgates,
and storage reservoirs by condemnation.
(b) The party obtaining private property by condemnation
shall cause damages to be assessed and paid for as provided by the
statutes of this state relating to eminent domain.
(c) [If t] The party exercising the power granted by this
section [is not a corporation, district, city, or town, he] shall
apply to the commission for the condemnation.
(d) The executive director shall have the proposed
condemnation investigated. After the investigation, the commission
may give notice to the party owning the land proposed to be
condemned and hold a hearing on the proposed condemnation.
(e) If after a hearing the commission determines that the
condemnation is necessary, the executive director may institute
condemnation proceedings in the name of the State of Texas for the
use and benefit of the party who applied for the condemnation and
all others similarly situated.
(f) The parties at whose instance a condemnation suit is
instituted shall pay the costs of the suit and condemnation in
proportion to the benefits received by each party as fixed by the
commission. Before using any of the condemned rights or property, a
party receiving the rights or property shall pay the amount of costs
fixed by the commission.
(g) If, after the costs of the condemnation proceedings have
been paid, a party seeks to take the benefits of the condemnation
proceedings, he shall apply to the commission for the benefits. The
commission may grant the application and fix the fees and charges to
be paid by the applicant. ; and
2) Renumber subsequent SECTIONS accordingly.