BILL ANALYSIS


                                                         S.B. 390
                                                       By: Harris
                                                    Jurisprudence
                                                           4-5-95
                                       Committee Report (Amended)
BACKGROUND

Currently, when the government applies the process of eminent
domain for the purpose of condemnation of private property, the
governmental agency will obtain an appraisal of the property to be
condemned.  Since there is no requirement for a governmental agency
to share the details of this appraisal with the property owner,
governmental agencies routinely withhold this information from the
property owner.  The property owner has to retain an appraiser in
order to be satisfied as to the offer being made for the property. 
Unnecessary litigation frequently arises from the distrust that
grows because of this practice.

PURPOSE

As proposed, S.B. 390 requires a governmental entity or corporation
with eminent domain authority that wants to acquire real property
to disclose all relevant property information to the property owner
at the time an offer to purchase is made.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 21B, Property Code, by adding Section
21.0111, as follows:

Sec. 21.0111.  DISCLOSURE OF INFORMATION REQUIRED.  Requires a
governmental entity or corporation with eminent domain authority
that wants to acquire real property for a public use to disclose to
the property owner at the time an offer to purchase is made any and
all existing appraisal reports produced or acquired by the
governmental entity or corporation relating specifically to the
owner's property and used in determining the final valuation offer. 
Requires a property owner to disclose to the acquiring governmental
entity or corporation any and all existing appraisal reports
produced or acquired by the property owner relating specifically to
the owner's property and used in determining the owner's opinion of
value.  Requires such disclosure to take place within 10 days of
receipt of appraisal report(s) but no later then 10 days prior to
the special commissioners's hearing.  Authorizes a subsequent bona
fide purchaser for value from the governmental entity or
corporation to conclusively presume that the requirement of this
section has been met.  Provides that this section does not apply to
acquisitions of real property for which a governmental entity or
corporation does not have eminent domain authority.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Emergency clause.
           Effective date: upon passage.