By: Callegari, et al. (Senate Sponsor - Nichols) H.B. No. 1495
         (In the Senate - Received from the House May 4, 2007;
  May 8, 2007, read first time and referred to Committee on State
  Affairs; May 18, 2007, reported favorably by the following vote:  
  Yeas 6, Nays 0; May 18, 2007, sent to printer.)
 
 
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 by first-class
  mail or otherwise provide a landowner's bill of rights statement
  provided by Section 402.031, Government Code, to the last known
  address of 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.
 
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