HBA-NIK H.B. 3356 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3356
By: Staples
Land & Resource Management
3/26/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Supreme Court ruled in 1992, in Westgate, Ltd. v. State of Texas,
843 S.W. 2d 448, that the state does not owe a private property owner any
compensation for the loss of beneficial use of the property during the
pendency of a condemnation plan. H.B. 3356 allows a property  owner to
establish a date of valuation which is earlier than the date the condemnor
has the legal right to possession of the condemned property. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 21.042(b), (c), and (e), Property Code, as
follows: 

(b)  Provides that the damage to the property owner is the local market
value of the property on the date the condemnor has the right to possession
of the condemned property or, if the property owner chooses, an earlier
date specified by the owner in accordance with the section, rather than at
the time of the special commissioner's hearing.  Authorizes the property
owner to establish the value of the property on the date on which the
condemnor publicly manifested the condemnor's intent tp acquire the owner's
property or the date on which the condemnation petition is filed. 

(c)  Provides that for the purpose of this subsection, regarding
determination of damage by the special commissioners, the value of property
is determined in the same manner authorized under Subsection (b). 

(e)  Makes a conforming change.

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Emergency clause.
  Effective date: upon passage.