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By: Callegari, et al. (Senate Sponsor - Nichols) |
H.B. No. 2685 |
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(In the Senate - Received from the House May 6, 2009; |
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May 7, 2009, read first time and referred to Committee on State |
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Affairs; May 23, 2009, reported favorably by the following vote: |
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Yeas 8, Nays 0; May 23, 2009, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the landowner's bill of rights. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.0112(a), Property Code, is amended to |
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read as follows: |
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(a) Not later than the seventh day before the date [Before] |
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a governmental or private entity with eminent domain authority |
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makes a final offer to [begins negotiating with] a property owner to |
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acquire real property, the entity must send by first-class mail or |
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otherwise provide a landowner's bill of rights statement provided |
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by Section 402.031, Government Code, to the last known address of |
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the person in whose name the property is listed on the most recent |
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tax roll of any appropriate taxing unit authorized by law to levy |
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property taxes against the property. In addition to the other |
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requirements of this subsection, an entity with eminent domain |
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authority shall provide a copy of the landowner's bill of rights |
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statement to a landowner before or at the same time as the entity |
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first represents in any manner to the landowner that the entity |
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possesses eminent domain authority. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the attorney general's office shall prepare a new |
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landowner's bill of rights statement under Section 402.031, |
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Government Code, as added by Chapter 1201 (H.B. 1495), Acts of the |
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80th Legislature, Regular Session, 2007, to incorporate the general |
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law changes made by the 81st Legislature and any constitutional |
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amendments proposed by the 81st Legislature and approved by the |
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voters. The attorney general's office shall consult with |
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stakeholders regarding the draft of the statement. The statement |
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shall be drafted in plain language. |
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SECTION 3. This Act takes effect January 15, 2010. |
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