By: Zaffirini S.B. No. 1784

A BILL TO BE ENTITLED

AN ACT

relating to establishing the Texas Landowner Ombudsman office in the General Land Office.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 31, Natural Resources Code, is amended by adding Subchapter J to read as follows:

SUBCHAPTER J. TEXAS LANDOWNER OMBUDSMAN OFFICE

Sec. 31.501. DEFINITIONS. In this subchapter:

(1) "Office" means the landowner ombudsman office created under this subchapter.

(2) "Ombudsman" means the individual who has been appointed under this subchapter as the landowner ombudsman.

Sec. 31.502. ESTABLISHMENT; PURPOSE. The commissioner shall establish a landowner ombudsman office within the General Land Office for the purpose of protecting and promoting the rights of landowners.

Sec. 31.503. INDEPENDENCE. The ombudsman in the performance of the ombudsman's duties and powers under this subchapter acts independently of the commissioner and any other state official.

Sec. 31.504. QUALIFICATION; APPOINTMENT; TERM. (a) The ombudsman must be an attorney with expertise in property law.

(b) The governor shall appoint the ombudsman for a term of two years.

(c) An ombudsman may not serve more than three terms in that capacity.

Sec. 31.505. RULES. The ombudsman shall adopt rules to implement this subchapter.

Sec. 31.506. PROMOTION OF AWARENESS OF OFFICE. The ombudsman shall promote awareness to the public of:

(1) how the office may be contacted;

(2) the purpose of the office; and

(3) the services the office provides.

Sec. 31.507. DUTIES AND POWERS OF OFFICE. The office shall:

(1) develop and maintain legal expertise regarding landowners' property rights relating to:

(A) the taking of property by a governmental or private entity through the use of the entity's eminent domain authority;

(B) surface ownership and mineral ownership;

(C) surface water and groundwater;

(D) environmental regulation;

(E) land use and enjoyment;

(F) trespass; and

(G) ingress and egress;

(2) review complaints and inquiries from landowners regarding property rights;

(3) advise landowners on issues involving property rights and of the services available from governmental agencies and other entities that may be of further assistance;

(4) provide information to the public and governmental entities about property rights and responsibilities under the law through seminars, publications, or other appropriate means; and

(5) record all contacts by landowners with regard to property rights to determine general concerns of landowners.

Sec. 31.512. REPORT. On or before January 1 of each year, the ombudsman shall submit to the governor, the lieutenant governor, and each member of the legislature a report that describes, for the one-year period preceding the report:

(1) the activities of the ombudsman;

(2) the types of and number of complaints and inquiries submitted to the ombudsman;

(3) any recommendation the ombudsman has relating to the office; and

(4) any legislative proposals relating to landowners' property rights.

SECTION 2. Not later than January 1, 2014, the land commissioner of the General Land Office shall establish the property rights ombudsman office under Subchapter J, Chapter 31, Natural Resources Code, as added by this Act, and the governor shall appoint the property rights ombudsman.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.