87R2398 BEE-D
By: Schwertner, et al. S.B. No. 724
A BILL TO BE ENTITLED
AN ACT
relating to the award of attorney's fees and other costs in an
eminent domain proceeding.
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 20 percent greater than the amount of the
condemnor's final offer made in accordance with Section 21.0113, or
if the commissioners' award is appealed and a court awards damages
in an amount that is at least 20 percent greater than the amount of
the condemnor's final offer made in accordance with Section
21.0113, the condemnor:
(1) shall pay all costs as provided by Subsection (a);
and
(2) may be required to pay reasonable attorney's fees
and other professional fees incurred by the property owner in
connection with the eminent domain proceeding.
SECTION 2. Section 21.047(a-1), Property Code, as added 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, 2021.