Legislative Session: 87(R)
House Bill 2730 |
House Author: Deshotel et al. |
Effective: 1-1-22 |
Senate Sponsor: Kolkhorst |
House Bill 2730 amends the Property Code to revise provisions relating to eminent domain. The bill requires an initial bona fide offer made by an entity with eminent domain authority to include specified items. The bill sets out provisions relating to required terms for an instrument of conveyance for a pipeline right‑of‑way easement or an electric transmission line right‑of‑way easement that is included with an acquisition offer by a private entity, including provisions relating to the negotiation for and agreement to other terms and conditions, and the negotiation for and agreement to the amendment, alteration, or omission of required terms, by a private entity or property owner and a requirement that a private entity notify the property owner that the property owner may negotiate for specified general terms to be included in an instrument of conveyance. The bill revises provisions relating to the appointment of special commissioners in an eminent domain case to, among other things, set an appointment deadline and provide for the appointment of alternate special commissioners.
House Bill 2730 amends the Government Code to require the landowner's bill of rights statement prepared by the attorney general regarding eminent domain to notify a property owner that the property owner has the right to file a written complaint with the Texas Real Estate Commission (TREC) regarding alleged misconduct by a registered easement or right‑of‑way agent acting on behalf of the entity exercising eminent domain authority. Among other provisions relating to the landowner's bill of rights statement, the bill requires the statement to include an addendum of the terms required for an instrument of conveyance, and the terms a property owner may negotiate, as provided by the bill regarding a pipeline right‑of‑way easement or an electric transmission line right‑of‑way easement.
House Bill 2730 amends The Real Estate License Act, Occupations Code, to, among other things, do the following with regard to a certificate of registration for an easement or right‑of‑way agent:
· require the TREC by rule to approve coursework that an applicant must successfully complete to be eligible for the issuance or renewal of a certificate;
· authorize the TREC to issue a probationary certificate; and
· authorize the TREC to suspend or revoke a certificate if the certificate holder directly or indirectly accepts a financial incentive to make an initial offer that the certificate holder knows or should know is lower than the adequate compensation required under the Texas Constitution.