80R10468 EJI-F
 
  By: Callegari, Flynn, Murphy, et al. H.B. No. 1495
 
Substitute the following for H.B. No. 1495:
 
  By:  Orr C.S.H.B. No. 1495
 
A BILL TO BE ENTITLED
AN ACT
relating to a bill of rights for property owners whose property may
be acquired by governmental or private entities through the use of
eminent domain authority.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  This Act may be cited as the Landowner's Bill of
Rights Act.
       SECTION 2.  Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.031 to read as follows:
       Sec. 402.031.  PREPARATION OF LANDOWNER'S BILL OF RIGHTS
STATEMENT. (a) The attorney general shall prepare a written
statement that includes a bill of rights for a property owner whose
real property may be acquired by a governmental or private entity
through the use of the entity's eminent domain authority under
Chapter 21, Property Code.
       (b)  The landowner's bill of rights must notify each property
owner that the property owner has the right to:
             (1)  notice of the proposed acquisition of the owner's
property;
             (2)  a bona fide good faith effort to negotiate by the
entity proposing to acquire the property;
             (3)  an assessment of damages to the owner that will
result from the taking of the property;
             (4)  a hearing under Chapter 21, Property Code,
including a hearing on the assessment of damages; and
             (5)  an appeal of a judgment in a condemnation
proceeding, including an appeal of an assessment of damages.
       (c)  The statement must include:
             (1)  the title, "Landowner's Bill of Rights"; and
             (2)  a description of:
                   (A)  the condemnation procedure provided by
Chapter 21, Property Code;
                   (B)  the condemning entity's obligations to the
property owner; and
                   (C)  the property owner's options during a
condemnation, including the property owner's right to object to and
appeal an amount of damages awarded.
       (d)  The office of the attorney general shall:
             (1)  write the statement in plain language designed to
be easily understood by the average property owner; and
             (2)  make the statement available on the attorney
general's Internet website.
       SECTION 3.  Subchapter B, Chapter 21, Property Code, is
amended by adding Section 21.0112 to read as follows:
       Sec. 21.0112.  PROVISION OF LANDOWNER'S BILL OF RIGHTS
STATEMENT REQUIRED. (a) Before a governmental or private entity
with eminent domain authority begins negotiating with a property
owner to acquire real property, the entity must send or provide a
landowner's bill of rights statement provided by Section 402.031,
Government Code, to the person in whose name the property is listed
on the most recent tax roll of any appropriate taxing unit
authorized by law to levy property taxes against the property.
       (b)  The statement must be:
             (1)  printed in an easily readable font and type size;
and
             (2)  if the entity is a governmental entity, made
available on the Internet website of the entity if technologically
feasible.
       SECTION 4.  Section 21.012(b), Property Code, is amended to
read as follows:
       (b)  The petition must:
             (1)  describe the property to be condemned;
             (2)  state the purpose for which the entity intends to
use the property;
             (3)  state the name of the owner of the property if the
owner is known; [and]
             (4)  state that the entity and the property owner are
unable to agree on the damages; and
             (5)  if applicable, state that the entity provided the
property owner with the landowner's bill of rights statement in
accordance with Section 21.0112.
       SECTION 5.  The office of the attorney general shall prepare
the landowner's bill of rights statement required by Section
402.031, Government Code, as added by this Act, not later than
August 31, 2007.
       SECTION 6.  The changes in law made by this Act apply only to
a condemnation proceeding in which the petition is filed on or after
the effective date of this Act and to any property condemned through
the proceeding. A condemnation proceeding in which the petition is
filed before the effective date of this Act and any property
condemned through the proceeding are governed by the law in effect
immediately before that date, and that law is continued in effect
for that purpose.
       SECTION 7.  This Act takes effect September 1, 2007.