| 2 | | - | (In the Senate - Filed February 6, 2015; February 10, 2015, |
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| 3 | | - | read first time and referred to Committee on State Affairs; |
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| 4 | | - | March 31, 2015, reported adversely, with favorable Committee |
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| 5 | | - | Substitute by the following vote: Yeas 7, Nays 2; March 31, 2015, |
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| 6 | | - | sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 474 By: Creighton |
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| 9 | 2 | | |
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| 10 | 3 | | |
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| 11 | 4 | | A BILL TO BE ENTITLED |
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| 12 | 5 | | AN ACT |
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| 13 | 6 | | relating to the recovery of costs and fees in connection with |
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| 14 | 7 | | certain eminent domain proceedings. |
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| 15 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 9 | | SECTION 1. Section 21.047, Property Code, is amended by |
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| 17 | 10 | | adding Subsection (a-1) to read as follows: |
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| 18 | 11 | | (a-1) If the amount of damages awarded by the special |
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| 19 | 12 | | commissioners is at least 20 percent greater than the amount the |
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| 20 | 13 | | condemnor offered to pay before the proceedings began or if the |
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| 21 | 14 | | commissioners' award is appealed and a court awards damages in an |
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| 22 | 15 | | amount that is at least 20 percent greater than the amount the |
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| 23 | 16 | | condemnor offered to pay before the proceedings began, the |
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| 24 | 17 | | condemnor shall pay: |
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| 25 | 18 | | (1) all costs as provided by Subsection (a); and |
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| 26 | 19 | | (2) any reasonable attorney's fees and other |
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| 27 | 20 | | professional fees incurred by the property owner in connection with |
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| 28 | 21 | | the eminent domain proceeding. |
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| 29 | 22 | | SECTION 2. The change in law made by this Act applies only |
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| 30 | 23 | | to an eminent domain proceeding commenced on or after the effective |
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| 31 | 24 | | date of this Act. An eminent domain proceeding commenced before the |
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| 32 | 25 | | effective date of this Act is governed by the law applicable to the |
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| 33 | 26 | | proceeding immediately before the effective date of this Act, and |
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| 34 | 27 | | that law is continued in effect for that purpose. |
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| 35 | 28 | | SECTION 3. This Act takes effect September 1, 2015. |
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