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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of a property owner's rights relating to the |
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examination or survey of property by an entity with eminent domain |
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authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 402.031(c), Government Code, is amended |
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to read as follows: |
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(c) The statement must include: |
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(1) the title, "Landowner's Bill of Rights"; and |
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(2) a description of: |
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(A) the condemnation procedure provided by |
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Chapter 21, Property Code; |
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(B) the condemning entity's obligations to the |
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property owner, including the responsibility for any damages |
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arising from an examination or survey of the property; [and] |
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(C) the property owner's options during a |
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condemnation, including the property owner's right to: |
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(i) refuse to grant permission to the |
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condemning entity to enter the property and conduct an examination |
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or survey of the property; |
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(ii) negotiate the terms of the examination |
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or survey of the property; and |
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(iii) object to and appeal an amount of |
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damages awarded; and |
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(D) the condemning entity's right to sue for a |
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court order authorizing the examination or survey if the property |
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owner refuses to grant permission for the examination or survey. |
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SECTION 2. Subchapter B, Chapter 21, Property Code, is |
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amended by adding Section 21.01101 to read as follows: |
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Sec. 21.01101. SURVEY PERMISSION FORM. If an entity with |
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eminent domain authority provides a form to an owner of real |
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property requesting the owner's permission to enter the property to |
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examine the property or conduct a survey of the property in |
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connection with the potential acquisition of the property for a |
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public use, the form must conspicuously state that: |
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(1) the owner has a right to refuse to grant permission |
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to the entity to enter the property and conduct the examination or |
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survey; |
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(2) the entity has a right to sue for a court order |
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authorizing the entity to enter the property and conduct the |
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examination or survey if the owner refuses to grant the permission; |
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(3) the owner has a right to negotiate the terms of the |
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examination or survey of the property; and |
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(4) the entity has the responsibility for any damages |
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arising from an examination or survey of the property. |
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SECTION 3. The office of the attorney general shall make the |
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landowner's bill of rights statement required by Section 402.031, |
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Government Code, as amended by this Act, available on the attorney |
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general's Internet website not later than January 1, 2020. |
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SECTION 4. This Act takes effect January 1, 2020. |