| 1 | 1 | | 88R13425 PRL-D |
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| 2 | 2 | | By: Hayes H.B. No. 2906 |
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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 expenses and fees awarded to a property owner in |
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| 8 | 8 | | certain eminent domain proceedings. |
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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. Sections 21.047(a) and (d), Property Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Special commissioners may adjudge the costs of an |
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| 13 | 13 | | eminent domain proceeding against any party. If the commissioners |
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| 14 | 14 | | award greater damages than the condemnor offered to pay before the |
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| 15 | 15 | | proceedings began or if the decision of the commissioners is |
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| 16 | 16 | | appealed and a court awards greater damages than the commissioners |
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| 17 | 17 | | awarded, the condemnor shall pay all costs, expenses, and fees |
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| 18 | 18 | | incurred by the property owner. If the commissioners' award or the |
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| 19 | 19 | | court's determination of the damages is less than or equal to the |
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| 20 | 20 | | amount the condemnor offered before proceedings began, the property |
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| 21 | 21 | | owner shall pay the costs. |
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| 22 | 22 | | (d) If a court hearing a suit under this chapter determines |
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| 23 | 23 | | that a condemnor did not make a bona fide offer to acquire the |
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| 24 | 24 | | property from the property owner voluntarily as required by Section |
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| 25 | 25 | | 21.0113, the court shall abate the suit, order the condemnor to make |
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| 26 | 26 | | a bona fide offer, and order the condemnor to pay: |
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| 27 | 27 | | (1) all costs, expenses, and fees incurred by the |
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| 28 | 28 | | property owner as provided by Subsection (a); and |
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| 29 | 29 | | (2) any reasonable attorney's fees and other |
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| 30 | 30 | | professional fees incurred by the property owner that are directly |
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| 31 | 31 | | related to the violation. |
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| 32 | 32 | | SECTION 2. Section 21.047, Property Code, as amended by |
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| 33 | 33 | | this Act, applies only to an eminent domain proceeding commenced on |
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| 34 | 34 | | or after the effective date of this Act. An eminent domain |
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| 35 | 35 | | proceeding commenced before the effective date of this Act is |
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| 36 | 36 | | governed by the law applicable to the proceeding immediately before |
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| 37 | 37 | | the effective date of this Act, and that law is continued in effect |
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| 38 | 38 | | for that purpose. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2023. |
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