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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements in connection with the acquisition |
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of real property for public use by an entity with eminent domain |
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authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 402.031, Government Code, is amended by |
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amending Subsection (c) and adding Subsection (c-2) to read as |
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follows: |
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(c) The statement must include: |
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(1) the title, "Landowner's Bill of Rights"; and |
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(2) a description of: |
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(A) the condemnation procedure provided by |
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Chapter 21, Property Code; |
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(B) the condemning entity's obligations to the |
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property owner, including the responsibility for any damages |
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arising from an examination or survey of the property; [and] |
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(C) the property owner's options during a |
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condemnation, including the property owner's right to: |
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(i) refuse to grant permission to the |
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condemning entity to enter the property and conduct an examination |
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or survey of the property; |
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(ii) negotiate the terms of the examination |
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or survey of the property; and |
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(iii) object to and appeal an amount of |
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damages awarded; and |
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(D) the condemning entity's right to sue for a |
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court order authorizing the examination or survey if the property |
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owner refuses to grant permission for the examination or survey. |
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(c-2) The statement must disclose that a condemning entity, |
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other than an entity acquiring property as authorized under |
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Subchapter D, Chapter 203, Transportation Code, that makes an |
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initial offer under Section 21.0113, Property Code, that includes |
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real property that the entity does not seek to acquire by |
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condemnation shall in the initial offer: |
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(1) separately identify the real property that the |
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entity does not seek to acquire by condemnation; and |
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(2) make an offer for the real property that the entity |
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does not seek to acquire by condemnation separate from the offer |
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made for the real property sought to be acquired by condemnation. |
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SECTION 2. Subchapter B, Chapter 21, Property Code, is |
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amended by adding Section 21.01101 to read as follows: |
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Sec. 21.01101. SURVEY PERMISSION FORM. If an entity with |
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eminent domain authority provides a form to an owner of real |
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property requesting the owner's permission to enter the property to |
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examine the property or conduct a survey of the property in |
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connection with the potential acquisition of the property for a |
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public use, the form must conspicuously state that: |
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(1) the owner has a right to refuse to grant permission |
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to the entity to enter the property and conduct the examination or |
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survey; |
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(2) the entity has a right to sue for a court order |
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authorizing the entity to enter the property and conduct the |
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examination or survey if the owner refuses to grant the permission; |
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(3) the owner has a right to negotiate the terms of the |
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examination or survey of the property; and |
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(4) the entity has the responsibility for any damages |
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arising from an examination or survey of the property. |
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SECTION 3. Section 21.0112(a), Property Code, is amended to |
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read as follows: |
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(a) At the time [Not later than the seventh day before the |
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date] a governmental or private entity with eminent domain |
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authority makes an initial [a final] offer to a property owner to |
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acquire real property, the entity must send by first-class mail or |
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otherwise provide a landowner's bill of rights statement provided |
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by Section 402.031, Government Code, to the last known address of |
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the person in whose name the property is listed on the most recent |
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tax roll of any appropriate taxing unit authorized by law to levy |
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property taxes against the property. In addition to the other |
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requirements of this subsection, an entity with eminent domain |
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authority shall provide a copy of the landowner's bill of rights |
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statement to a landowner before or at the same time as the entity |
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first represents in any manner to the landowner that the entity |
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possesses eminent domain authority. |
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SECTION 4. Section 21.0113(b), Property Code, is amended to |
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read as follows: |
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(b) An entity with eminent domain authority has made a bona |
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fide offer if: |
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(1) an initial offer is made in writing to a property |
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owner that includes: |
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(A) a copy of the landowner's bill of rights |
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statement prescribed by Section 402.031, Government Code, provided |
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in accordance with Section 21.0112 and including the addendum |
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prescribed by Section 402.031(c-1), Government Code, if |
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applicable; |
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(B) a statement, in bold print and a larger font |
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than the other portions of the offer, indicating whether the |
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compensation being offered includes: |
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(i) damages to the remainder, if any, of the |
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property owner's remaining property; or |
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(ii) an appraisal of the property, |
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including damages to the remainder, if any, prepared by a certified |
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appraiser certified to practice as a certified general appraiser |
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under Chapter 1103, Occupations Code; |
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(C) an instrument of conveyance, provided that if |
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the entity is a private entity as defined by Section 21.0114(a), the |
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instrument must comply with Section 21.0114, as applicable, unless: |
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(i) the entity has previously provided an |
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instrument complying with Section 21.0114; |
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(ii) the property owner desires to use an |
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instrument different than one complying with Section 21.0114 and |
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consents in writing to use a different instrument; or |
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(iii) the property owner provided the |
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entity with the instrument prior to the issuance of the initial |
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offer; and |
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(D) the name and telephone number of a |
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representative of the entity who is: |
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(i) an employee of the entity; |
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(ii) an employee of an affiliate providing |
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services on behalf of the entity; |
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(iii) a legal representative of the entity; |
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or |
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(iv) if the entity does not have employees, |
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an individual designated to represent the day-to-day operations of |
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the entity; |
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(2) a final offer is made in writing to the property |
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owner; |
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(3) the final offer is made on or after the 30th day |
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after the date on which the entity makes a written initial offer to |
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the property owner; |
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(4) before making a final offer, the entity obtains a |
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written appraisal from a certified appraiser of the value of the |
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property being acquired and the damages, if any, to any of the |
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property owner's remaining property; |
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(5) the final offer is equal to or greater than the |
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amount of the written appraisal obtained by the entity; |
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(6) the following items are included with the final |
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offer or have been previously provided to the owner by the entity: |
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(A) a copy of the written appraisal; and |
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(B) a copy of the deed, easement, or other |
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instrument conveying the property sought to be acquired; and |
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[(C) the landowner's bill of rights statement |
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prescribed by Section 21.0112; and] |
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(7) the entity provides the property owner with at |
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least 14 days to respond to the final offer and the property owner |
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does not agree to the terms of the final offer within that period. |
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SECTION 5. Subchapter B, Chapter 21, Property Code, is |
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amended by adding Section 21.0115 to read as follows: |
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Sec. 21.0115. OFFER TO ACQUIRE ADDITIONAL PROPERTY; |
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EXCEPTION. (a) Except as provided by Subsection (b), a condemning |
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entity that makes an initial offer under Section 21.0113 that |
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includes real property that the entity does not seek to acquire by |
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condemnation shall in the initial offer: |
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(1) separately identify the real property that the |
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entity does not seek to acquire by condemnation; and |
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(2) make an offer for the real property that the entity |
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does not seek to acquire by condemnation separate from the offer |
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made for the real property sought to be acquired by condemnation. |
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(b) Subsection (a) does not apply to an acquisition of real |
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property under Subchapter D, Chapter 203, Transportation Code. |
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SECTION 6. The office of the attorney general shall make the |
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landowner's bill of rights statement required by Section 402.031, |
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Government Code, as amended by this Act, available on the attorney |
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general's Internet website not later than January 1, 2024. |
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SECTION 7. The changes in law made by this Act to Sections |
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21.0112 and 21.0113, Property Code, apply only to the acquisition |
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of real property in connection with an initial offer made under |
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Section 21.0113, Property Code, on or after the effective date of |
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this Act. The acquisition of real property in connection with an |
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initial offer made under Section 21.0113, Property Code, before the |
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effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 8. This Act takes effect January 1, 2024. |
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