By: Bailes, et al. (Senate Sponsor - Nichols) H.B. No. 448

(In the Senate - Received from the House May 5, 2021; May 6, 2021, read first time and referred to Committee on State Affairs; May 18, 2021, reported favorably by the following vote: Yeas 9, Nays 0; May 18, 2021, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to the provision of certain eminent domain information to property owners through a landowner's bill of rights.

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 Texas Real Estate Commission under Section 1101.205, Occupations Code, regarding alleged misconduct by a registered easement or right-of-way agent acting on behalf of the entity exercising eminent domain authority.

SECTION 2. 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.

SECTION 3. (a) Except as provided by Subsection (b) of this section, this Act takes effect January 1, 2022.

(b) Section 2 of this Act takes effect September 1, 2021.

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