1-1 By: Harris S.B. No. 390
1-2 (In the Senate - Filed January 31, 1995; February 2, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 4, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 5, Nays 0; April 4, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Harris
1-7 Amend S.B. No. 390 as follows:
1-8 In SECTION 1 of the bill, strike Section 21.0111 and
1-9 substitute the following:
1-10 Sec. 21.0111. DISCLOSURE OF INFORMATION REQUIRED. A
1-11 governmental entity or corporation with eminent domain authority
1-12 that wants to acquire real property for a public use shall disclose
1-13 to the property owner, and the property owner shall disclose to the
1-14 governmental entity or corporation, at the time an offer to
1-15 purchase is made all information relating to the value of the
1-16 property, including property appraisals, produced or acquired by
1-17 the property owner or the governmental entity or corporation.
1-18 COMMITTEE AMENDMENT NO. 2 By: Harris
1-19 Amend S.B. No. 390 as follows:
1-20 At the end of SECTION 1 add a new sentence following
1-21 "corporation." (page 1, line 13; committee printing page 2, line 14
1-22 to read:
1-23 "A subsequent bona fide purchaser for value from the
1-24 governmental entity or corporation may conclusively presume that
1-25 the requirement of this section has been met."
1-26 COMMITTEE AMENDMENT NO. 3 By: Harris
1-27 Amend S.B. No. 390 by adding a new sentence to the end of
1-28 Sec. 21.0111, to read as follows:
1-29 "This section does not apply to acquisitions of real property
1-30 for which a governmental entity or corporation does not have
1-31 eminent domain authority."
1-32 COMMITTEE AMENDMENT NO. 4 By: Harris
1-33 Amend S.B. No. 390 as follows:
1-34 In SECTION 1 of the bill, strike Section 21.0111 and
1-35 substitute the following:
1-36 Sec. 21.0111. DISCLOSURE OF INFORMATION REQUIRED. A
1-37 governmental entity or corporation with eminent domain authority
1-38 that wants to acquire real property for a public use shall disclose
1-39 to the property owner at the time an offer to purchase is made any
1-40 and all existing appraisal reports produced or acquired by the
1-41 governmental entity or corporation relating specifically to the
1-42 owner's property and used in determining the final valuation offer.
1-43 A property owner shall disclose to the acquiring governmental
1-44 entity or corporation any and all existing appraisal reports
1-45 produced or acquired by the property owner relating specifically to
1-46 the owner's property and used in determining the owner's opinion of
1-47 value. Such disclosure shall take place within 10 days of receipt
1-48 of appraisal reports but no later than 10 days prior to the special
1-49 commissioner's hearing.
1-50 COMMITTEE AMENDMENT NO. 5 By: Harris
1-51 Amend COMMITTEE AMENDMENT No. 2 as follows:
1-52 At the end of SECTION 1 add a new sentence following
1-53 "hearing." (page 1, line 13; committee printing page 1, line 49 to
1-54 read:
1-55 "A subsequent bona fide purchaser for value from the
1-56 governmental entity or corporation may conclusively presume that
1-57 the requirement of this section has been met."
1-58 A BILL TO BE ENTITLED
1-59 AN ACT
1-60 relating to the disclosure of property valuation information to the
1-61 owner of property to be acquired for public use.
1-62 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-63 SECTION 1. Subchapter B, Chapter 21, Property Code, is
1-64 amended by adding Section 21.0111 to read as follows:
1-65 Sec. 21.0111. DISCLOSURE OF INFORMATION REQUIRED. A
1-66 governmental entity or corporation with eminent domain authority
1-67 that wants to acquire real property for a public use shall disclose
1-68 to the property owner at the time an offer to purchase is made all
2-1 information relating to the value of the property, including
2-2 property appraisals, produced or acquired by the governmental
2-3 entity or corporation.
2-4 SECTION 2. The change in law made by this Act applies only
2-5 to a governmental entity or corporation with eminent domain
2-6 authority in regard to an offer to purchase that is made on or
2-7 after the effective date of this Act. A governmental entity or
2-8 corporation that makes an offer to purchase before the effective
2-9 date of this Act is covered in regard to that offer by the law in
2-10 effect when the offer was made, and the former law is continued in
2-11 effect for that purpose.
2-12 SECTION 3. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.
2-17 * * * * *