BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 532

80R4438 JPL-D                                                                                                                By: Carona

State Affairs

3/6/2007

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

When the Texas Department of Transportation (TxDOT) purchases land through the power of eminent domain, it is unclear whether landowners are aware that an eminent domain attorney will not cost them additional money since the attorney receives a portion of the difference between what the state initially offered and the actual dollar amount of the final settlement.

As proposed, S.B. 532 requires a governmental entity, when it begins an eminent domain procedure, to notify the landowner, in writing, of the landowner's ability to contact an attorney and the costs associated with this process.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 21.0111(a), Property Code, as follows:

 (a)  Requires a governmental entity with eminent domain authority that wants to acquire real property for a public use to inform the property owner at the time an offer to purchase is made that the property owner is authorized to seek legal counsel; requires the entity to provide to the property owner at the time an offer to purchase is made an estimate of the costs of legal services; and prohibits the entity from advising the property owner that the property owner does not need to seek legal counsel.

SECTION 2.  Effective date: upon passage or September 1, 2007.