84R11500 AJA-F
By: Fallon H.B. No. 3065
A BILL TO BE ENTITLED
AN ACT
relating to the recovery of costs and fees in connection with
certain eminent domain proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.047, Property Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) If the amount of damages awarded by the special
commissioners is at least 10 percent greater than the amount of the
condemnor's initial offer or if the commissioners' award is
appealed and a court awards damages in an amount that is at least 10
percent greater than the amount of the condemnor's initial offer,
the condemnor shall pay:
(1) all costs as provided by Subsection (a); and
(2) any reasonable attorney's fees and other
professional fees incurred by the property owner in connection with
the eminent domain proceeding.
SECTION 2. The change in law made by this Act applies only
to an eminent domain proceeding commenced on or after the effective
date of this Act. An eminent domain proceeding commenced before the
effective date of this Act is governed by the law applicable to the
proceeding immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.