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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing the Texas Landowner Ombudsman office in |
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the General Land Office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 31, Natural Resources Code, is amended |
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by adding Subchapter J to read as follows: |
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SUBCHAPTER J. TEXAS LANDOWNER OMBUDSMAN OFFICE |
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Sec. 31.501. DEFINITIONS. In this subchapter: |
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(1) "Office" means the landowner ombudsman office |
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created under this subchapter. |
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(2) "Ombudsman" means the individual who has been |
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appointed under this subchapter as the landowner ombudsman. |
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Sec. 31.502. ESTABLISHMENT; PURPOSE. The commissioner |
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shall establish a landowner ombudsman office within the General |
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Land Office for the purpose of protecting and promoting the rights |
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of landowners. |
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Sec. 31.503. INDEPENDENCE. The ombudsman in the |
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performance of the ombudsman's duties and powers under this |
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subchapter acts independently of the commissioner and any other |
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state official. |
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Sec. 31.504. QUALIFICATION; APPOINTMENT; TERM. (a) The |
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ombudsman must be an attorney with expertise in property law. |
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(b) The governor shall appoint the ombudsman for a term of |
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two years. |
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(c) An ombudsman may not serve more than three terms in that |
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capacity. |
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Sec. 31.505. RULES. The ombudsman shall adopt rules to |
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implement this subchapter. |
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Sec. 31.506. PROMOTION OF AWARENESS OF OFFICE. The |
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ombudsman shall promote awareness to the public of: |
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(1) how the office may be contacted; |
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(2) the purpose of the office; and |
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(3) the services the office provides. |
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Sec. 31.507. DUTIES AND POWERS OF OFFICE. The office shall: |
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(1) develop and maintain legal expertise regarding |
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landowners' property rights relating to: |
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(A) the taking of property by a governmental or |
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private entity through the use of the entity's eminent domain |
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authority; |
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(B) surface ownership and mineral ownership; |
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(C) surface water and groundwater; |
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(D) environmental regulation; |
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(E) land use and enjoyment; |
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(F) trespass; and |
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(G) ingress and egress; |
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(2) review complaints and inquiries from landowners |
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regarding property rights; |
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(3) advise landowners on issues involving property |
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rights and of the services available from governmental agencies and |
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other entities that may be of further assistance; |
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(4) provide information to the public and governmental |
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entities about property rights and responsibilities under the law |
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through seminars, publications, or other appropriate means; and |
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(5) record all contacts by landowners with regard to |
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property rights to determine general concerns of landowners. |
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Sec. 31.512. REPORT. On or before January 1 of each year, |
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the ombudsman shall submit to the governor, the lieutenant |
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governor, and each member of the legislature a report that |
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describes, for the one-year period preceding the report: |
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(1) the activities of the ombudsman; |
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(2) the types of and number of complaints and |
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inquiries submitted to the ombudsman; |
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(3) any recommendation the ombudsman has relating to |
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the office; and |
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(4) any legislative proposals relating to landowners' |
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property rights. |
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SECTION 2. Not later than January 1, 2014, the land |
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commissioner of the General Land Office shall establish the |
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property rights ombudsman office under Subchapter J, Chapter 31, |
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Natural Resources Code, as added by this Act, and the governor shall |
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appoint the property rights ombudsman. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |