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By:  Wentworth                                                    S.B. No. 1708
	(In the Senate - Filed March 14, 2003; March 20, 2003, read 
first time and referred to Committee on State Affairs; 
April 28, 2003, reported favorably, as amended, by the following 
vote:  Yeas 7, Nays 0; April 28, 2003, sent to printer.)


COMMITTEE AMENDMENT NO. 1                                                By:  Ellis

	Amend S.B. No. 1708 on page 1, line 20, by inserting, between "
interest" and "acquired", ", other than right-of-way under the 
jurisdiction of the Texas Department of Transportation or a city or 
county of this state,".


A BILL TO BE ENTITLED

AN ACT


relating to the repurchase of real property acquired by a 
governmental entity through eminent domain.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 21, Property Code, is amended by adding 
Subchapter E to read as follows:

SUBCHAPTER E.  REPURCHASE OF REAL PROPERTY FROM GOVERNMENTAL ENTITY
	Sec. 21.101.  APPLICABILITY.  This subchapter applies only 
to a real property interest acquired by a governmental entity 
through eminent domain for a public use that was later canceled.
	Sec. 21.102.  NOTICE TO PREVIOUS PROPERTY OWNER.  (a)  Not 
later than the first anniversary of the date of the cancellation of 
the public use for which real property was acquired through eminent 
domain, the governmental entity shall make a diligent effort to 
discover each property owner, or the heirs of the property owner if 
the property owner is deceased, who owned the real property 
interest immediately before the governmental entity acquired the 
property interest.
	(b)  The governmental entity shall personally deliver or 
send by certified mail, return receipt requested, to each property 
owner identified under Subsection (a) a notice containing:
		(1)  an identification, which is not required to be a 
legal description, of the property that was acquired;
		(2)  an identification of the public use for which the 
property had been acquired and a statement that the public use has 
been canceled; and
		(3)  a description of the property owner's right under 
this subchapter to repurchase the property.
	Sec. 21.103.  RESALE OF PROPERTY; PRICE.  Not later than the 
first anniversary of the date on which a person receives notice 
under Section 21.102, or sooner on request of the person, the 
governmental entity shall offer to sell the property interest to 
that person, or the person's heirs if the person is deceased.  The 
sale price, if the person accepts the offer, must be the lesser of:
		(1)  fair market value of the property interest; or                    
		(2)  the purchase price paid to the owner by the 
governmental entity when the governmental entity acquired the 
interest by eminent domain.
	SECTION 2.  (a)  Subchapter E, Chapter 21, Property Code, as 
added by this Act, applies only to a real property interest acquired 
by a governmental entity on or after January 1, 1980.
	(b)  For real property that was acquired before the effective 
date of this Act through eminent domain for a public use and for 
which the public use was canceled before the effective date of this 
Act, the one-year period described by Section 21.102, Property 
Code, as added by this Act, shall be computed as if the date of 
cancellation were the effective date of this Act.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.



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