| 1 | 1 | | 87R2398 BEE-D |
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| 2 | 2 | | By: Schwertner, et al. S.B. No. 724 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the award of attorney's fees and other costs in an |
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| 8 | 8 | | eminent domain proceeding. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 21.047, Property Code, is amended by |
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| 11 | 11 | | adding Subsection (a-1) to read as follows: |
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| 12 | 12 | | (a-1) If the amount of damages awarded by the special |
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| 13 | 13 | | commissioners is at least 20 percent greater than the amount of the |
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| 14 | 14 | | condemnor's final offer made in accordance with Section 21.0113, or |
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| 15 | 15 | | if the commissioners' award is appealed and a court awards damages |
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| 16 | 16 | | in an amount that is at least 20 percent greater than the amount of |
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| 17 | 17 | | the condemnor's final offer made in accordance with Section |
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| 18 | 18 | | 21.0113, the condemnor: |
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| 19 | 19 | | (1) shall pay all costs as provided by Subsection (a); |
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| 20 | 20 | | and |
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| 21 | 21 | | (2) may be required to pay reasonable attorney's fees |
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| 22 | 22 | | and other professional fees incurred by the property owner in |
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| 23 | 23 | | connection with the eminent domain proceeding. |
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| 24 | 24 | | SECTION 2. Section 21.047(a-1), Property Code, as added by |
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| 25 | 25 | | this Act, applies only to an eminent domain proceeding commenced on |
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| 26 | 26 | | or after the effective date of this Act. An eminent domain |
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| 27 | 27 | | proceeding commenced before the effective date of this Act is |
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| 28 | 28 | | governed by the law applicable to the proceeding immediately before |
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| 29 | 29 | | the effective date of this Act, and that law is continued in effect |
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| 30 | 30 | | for that purpose. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2021. |
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