83R10345 AJA-F
 
  By: Kolkhorst H.B. No. 20
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the repurchase of real property from an entity with
  eminent domain authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 21, Property Code, is
  amended by adding Section 21.0114 to read as follows:
         Sec. 21.0114.  PUBLIC USE DISCLOSURE IN OFFER. An entity
  with eminent domain authority that makes an offer under Section
  21.0113 must state with specificity in the initial and final offers
  the public use for which the entity intends to acquire the property.
         SECTION 2.  Section 21.023, Property Code, is amended to
  read as follows:
         Sec. 21.023.  DISCLOSURE OF INFORMATION REQUIRED AT TIME OF
  ACQUISITION.  An entity with eminent domain authority shall
  disclose in writing to the property owner, at the time of
  acquisition of the property through eminent domain, including an
  acquisition through a purchase made by the entity in connection
  with an initial offer under Section 21.0113, that:
               (1)  the owner or the owner's heirs, successors, or
  assigns may be entitled to:
                     (A)  repurchase the property under Subchapter E;
  or
                     (B)  request from the entity certain information
  relating to the use of the property and any actual progress made
  toward that use; and
               (2)  the repurchase price is the price paid to the owner
  by the entity at the time the entity acquired the property through
  eminent domain.
         SECTION 3.  The heading to Subchapter E, Chapter 21,
  Property Code, is amended to read as follows:
  SUBCHAPTER E. REPURCHASE OF REAL PROPERTY ACQUIRED THROUGH
  EMINENT DOMAIN [FROM CONDEMNING ENTITY]
         SECTION 4.  Sections 21.101(a) and (b), Property Code, are
  amended to read as follows:
         (a)  A person from whom a real property interest is acquired
  by an entity through eminent domain for a public use, or that
  person's heirs, successors, or assigns, is entitled to repurchase
  the property as provided by this subchapter if:
               (1)  the public use for which the property was acquired
  through eminent domain is canceled before the property is used for
  that public use;
               (2)  no actual progress is made toward the public use
  for which the property was acquired between the date of acquisition
  and the 10th anniversary of that date; [or]
               (3)  the property becomes unnecessary for the public
  use for which the property was acquired, or a substantially similar
  public use, before the 10th anniversary of the date of acquisition;
  or
               (4)  the initial use of the property is not the public
  use for which the property was acquired.
         (b)  In this section, "actual progress" means the completion
  of two or more of the following actions:
               (1)  the performance of a significant amount of labor
  to develop the property or other property acquired for the same
  public use project for which the property owner's property was
  acquired;
               (2)  the provision of a significant amount of materials
  to develop the property or other property acquired for the same
  public use project for which the property owner's property was
  acquired;
               (3)  the hiring of and performance of a significant
  amount of work by an architect, engineer, or surveyor to prepare a
  plan or plat that includes the property or other property acquired
  for the same public use project for which the property owner's
  property was acquired;
               (4)  application for state or federal funds to develop
  the property or other property acquired for the same public use
  project for which the property owner's property was acquired;
               (5)  application for a state or federal permit to
  develop the property or other property acquired for the same public
  use project for which the property owner's property was acquired;
  or
               (6)  [the acquisition of a tract or parcel of real
  property adjacent to the property for the same public use project
  for which the owner's property was acquired; or
               [(7)]  for a navigation district or port authority 
  [governmental entity], the adoption by a majority of the entity's
  governing body at a public hearing of a development plan for a
  public use project that indicates that the entity will not complete
  more than one action described by Subdivisions (1)-(5) [(1)-(6)]
  before the 10th anniversary of the date of acquisition of the
  property.
         SECTION 5.  Subchapter E, Chapter 21, Property Code, is
  amended by adding Section 21.1015 to read as follows:
         Sec. 21.1015.  APPLICABILITY TO CERTAIN PROPERTY ACQUIRED BY
  PURCHASE.  In this subchapter, a real property interest acquired
  through eminent domain includes a real property interest purchased
  by an entity with eminent domain authority in connection with an
  initial offer under Section 21.0113.
         SECTION 6.  Section 21.102, Property Code, is amended to
  read as follows:
         Sec. 21.102.  NOTICE TO PREVIOUS PROPERTY OWNER REQUIRED.  
  Not later than the 180th day after the date an entity that acquired
  a real property interest through eminent domain determines that the
  former property owner is entitled to repurchase the property under
  Section 21.101, the entity shall send by certified mail, return
  receipt requested, to the property owner or the owner's heirs,
  successors, or assigns 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:
                     (A)  the public use was canceled before the
  property was used for the public use;
                     (B)  no actual progress was made toward the public
  use; [or]
                     (C)  the property became unnecessary for the
  public use, or a substantially similar public use, before the 10th
  anniversary of the date of acquisition; or
                     (D)  the initial use of the property was not the
  public use for which the property was acquired; and
               (3)  a description of the person's right under this
  subchapter to repurchase the property.
         SECTION 7.  The heading to Section 21.1021, Property Code,
  is amended to read as follows:
         Sec. 21.1021.  REQUESTS FOR INFORMATION REGARDING
  [CONDEMNED] PROPERTY ACQUIRED THROUGH EMINENT DOMAIN.
         SECTION 8.  Section 21.1021(a), Property Code, is amended to
  read as follows:
         (a)  After [On or after] the first [10th] anniversary of the
  date on which real property was acquired by an entity through
  eminent domain, a property owner or the owner's heirs, successors,
  or assigns may annually request that the [condemning] entity make a
  determination and provide a statement and other relevant
  information regarding:
               (1)  whether the public use for which the property was
  acquired was canceled before the property was used for the public
  use;
               (2)  whether any actual progress was made toward the
  public use between the date of acquisition and the 10th anniversary
  of that date, including an itemized description of the progress
  made, if applicable; [and]
               (3)  whether the property became unnecessary for the
  public use, or a substantially similar public use, before the 10th
  anniversary of the date of acquisition, if applicable; and
               (4)  whether the initial use of the property was the
  public use for which the property was acquired.
         SECTION 9.  Chapter 21, Property Code, as amended by this
  Act, applies only to a repurchase of a real property interest
  condemned or otherwise purchased in connection with an initial
  offer under Section 21.0113, Property Code, made on or after the
  effective date of this Act.
         SECTION 10.  This Act takes effect September 1, 2013.