| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the right of landowners to file complaints with the |
|
|
Texas Real Estate Commission against certain entities regarding |
|
|
alleged misconduct by the entities while exercising eminent domain |
|
|
authority and to the creation of an ombudsman office for |
|
|
landowners. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 402.031(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) The landowner's bill of rights must notify each property |
|
|
owner that the property owner has the right to: |
|
|
(1) notice of the proposed acquisition of the owner's |
|
|
property; |
|
|
(2) a bona fide good faith effort to negotiate by the |
|
|
entity proposing to acquire the property; |
|
|
(3) an assessment of damages to the owner that will |
|
|
result from the taking of the property; |
|
|
(4) a hearing under Chapter 21, Property Code, |
|
|
including a hearing on the assessment of damages; [and] |
|
|
(5) an appeal of a judgment in a condemnation |
|
|
proceeding, including an appeal of an assessment of damages; and |
|
|
(6) file a written complaint with the ombudsman office |
|
|
established by the Texas Real Estate Commission under Section |
|
|
1101.207, Occupations Code, regarding alleged misconduct by a |
|
|
representative of the entity while exercising the entity's eminent |
|
|
domain authority. |
|
|
SECTION 2. Section 81.0591, Natural Resources Code, is |
|
|
amended by adding Subsection (d) to read as follows: |
|
|
(d) If an entity that proposes to acquire property through |
|
|
the use of the entity's eminent domain authority under Chapter 21, |
|
|
Property Code, is regulated by the commission, the property owner |
|
|
may file a written complaint with the ombudsman office established |
|
|
by the Texas Real Estate Commission under Section 1101.207, |
|
|
Occupations Code, regarding alleged misconduct by a representative |
|
|
of the entity while exercising that authority. |
|
|
SECTION 3. Subchapter E, Chapter 1101, Occupations Code, is |
|
|
amended by adding Section 1101.207 to read as follows: |
|
|
Sec. 1101.207. OMBUDSMAN OFFICE FOR LANDOWNERS. (a) The |
|
|
commission shall establish an ombudsman office within the |
|
|
commission for the purpose of receiving complaints from and |
|
|
providing information to landowners whose real property may be |
|
|
acquired by a governmental or private entity through the use of the |
|
|
entity's eminent domain authority. |
|
|
(b) The executive director of the commission shall select |
|
|
the ombudsman. |
|
|
(c) The commission shall publish on the commission's |
|
|
Internet website a form to be used to file complaints with the |
|
|
ombudsman. |
|
|
(d) A landowner may file a complaint under this section |
|
|
against an entity for the alleged misconduct of the entity's |
|
|
representative. The landowner filing the complaint must provide |
|
|
proof of ownership of the tract of land the entity seeks to obtain |
|
|
through the use of eminent domain authority. In this subsection, |
|
|
"misconduct" means an intentional action that: |
|
|
(1) misrepresents to the landowner: |
|
|
(A) the landowner's rights; |
|
|
(B) the entity's power to condemn; |
|
|
(C) the intended use of the property; or |
|
|
(D) the condemnation process; or |
|
|
(2) constitutes criminal trespass under Section |
|
|
30.05, Penal Code. |
|
|
(e) The ombudsman shall provide information to and answer |
|
|
questions from landowners described by Subsection (a), through the |
|
|
commission's Internet website and a toll-free telephone number |
|
|
established by the ombudsman, regarding: |
|
|
(1) the landowner's bill of rights prepared by the |
|
|
attorney general under Section 402.031, Government Code; and |
|
|
(2) the procedures for acquiring real property through |
|
|
the use of eminent domain authority under Chapter 21, Property |
|
|
Code, or other law. |
|
|
(f) Personal information obtained by the ombudsman office |
|
|
is confidential and is treated in the same manner as information is |
|
|
treated under Section 1101.2051. |
|
|
SECTION 4. (a) The office of the attorney general shall |
|
|
make the landowner's bill of rights statement required by Section |
|
|
402.031, Government Code, as amended by this Act, available on the |
|
|
attorney general's Internet website not later than December 1, |
|
|
2021. |
|
|
(b) Not later than December 1, 2021, the Texas Real Estate |
|
|
Commission shall: |
|
|
(1) establish an ombudsman office for landowners as |
|
|
required by Section 1101.207, Occupations Code, as added by this |
|
|
Act; and |
|
|
(2) adopt rules necessary to implement that section. |
|
|
SECTION 5. (a) Except as provided by Subsection (b) of |
|
|
this section, this Act takes effect January 1, 2022. |
|
|
(b) Section 4 of this Act takes effect September 1, 2021. |