| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a landowner's bill of rights statement in connection |
|
|
with the acquisition of real property through eminent domain. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 402.031(b) and (c), Government Code, |
|
|
are 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; |
|
|
(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; and |
|
|
(7) submit to the appraisal district office in the |
|
|
county in which the property is taxable a report of decreased value, |
|
|
if any, for the owner's remaining property after the taking. |
|
|
(c) The statement must include: |
|
|
(1) the title, "Landowner's Bill of Rights"; [and] |
|
|
(2) a description of: |
|
|
(A) the condemnation procedure provided by |
|
|
Chapter 21, Property Code; |
|
|
(B) the condemning entity's obligations to the |
|
|
property owner; and |
|
|
(C) the property owner's options during a |
|
|
condemnation, including the property owner's right to object to and |
|
|
appeal an amount of damages awarded; and |
|
|
(3) a copy of the report of decreased value form issued |
|
|
by the comptroller. |
|
|
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 January 1, 2024. |
|
|
SECTION 3. (a) Except as provided by Subsection (b) of this |
|
|
section, this Act takes effect January 1, 2024. |
|
|
(b) Section 2 of this Act takes effect September 1, 2023. |