By: Harris S.B. No. 390
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the disclosure of property valuation information to the
1-2 owner of property to be acquired for public use.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 21, Property Code, is
1-5 amended by adding Section 21.0111 to read as follows:
1-6 Sec. 21.0111. DISCLOSURE OF INFORMATION REQUIRED. (a) A
1-7 governmental entity or corporation with eminent domain authority
1-8 that wants to acquire real property for a public use shall disclose
1-9 to the property owner at the time an offer to purchase is made any
1-10 and all existing appraisal reports produced or acquired by the
1-11 governmental entity or corporation relating specifically to the
1-12 owner's property and used in determining the final valuation offer.
1-13 (b) A property owner shall disclose to the acquiring
1-14 governmental entity or corporation any and all existing appraisal
1-15 reports produced or acquired by the property owner relating
1-16 specifically to the owner's property and used in determining the
1-17 owner's opinion of value. Such disclosure shall take place within
1-18 10 days of receipt of appraisal reports but no later than 10 days
1-19 prior to the special commissioner's hearing. A subsequent bona
1-20 fide purchaser for value from the governmental entity or
1-21 corporation may conclusively presume that the requirement of this
1-22 section has been met. This section does not apply to acquisitions
1-23 of real property for which a governmental entity or corporation
1-24 does not have eminent domain authority.
2-1 SECTION 2. The change in law made by this Act applies only
2-2 to a governmental entity or corporation with eminent domain
2-3 authority in regard to an offer to purchase that is made on or
2-4 after the effective date of this Act. A governmental entity or
2-5 corporation that makes an offer to purchase before the effective
2-6 date of this Act is covered in regard to that offer by the law in
2-7 effect when the offer was made, and the former law is continued in
2-8 effect for that purpose.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.