By: Schwertner, et al. S.B. No. 553

(In the Senate - Filed January 31, 2019; February 21, 2019, read first time and referred to Committee on State Affairs; March 13, 2019, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; March 13, 2019, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 553 By: Nelson

A BILL TO BE ENTITLED

AN ACT

relating to the acquisition of certain real property in conjunction with the acquisition of real property for a public use through eminent domain procedures.

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

SECTION 1. Section 402.031, Government Code, is amended by adding Subsection (c-1) to read as follows:

(c-1) The statement must disclose that a condemning entity, other than an entity acquiring property as authorized under Subchapter D, Chapter 203, Transportation Code, that makes an initial offer under Section 21.0113, Property Code, that includes real property that the entity does not seek to acquire by condemnation shall in the initial offer:

(1) separately identify the real property that the entity does not seek to acquire by condemnation; and

(2) make an offer for the real property that the entity does not seek to acquire by condemnation separate from the offer made for the real property sought to be acquired by condemnation.

SECTION 2. Subchapter B, Chapter 21, Property Code, is amended by adding Section 21.0114 to read as follows:

Sec. 21.0114. OFFER TO ACQUIRE ADDITIONAL PROPERTY; EXCEPTION. (a) Except as provided by Subsection (b), a condemning entity that makes an initial offer under Section 21.0113 that includes real property that the entity does not seek to acquire by condemnation shall in the initial offer:

(1) separately identify the real property that the entity does not seek to acquire by condemnation; and

(2) make an offer for the real property that the entity does not seek to acquire by condemnation separate from the offer made for the real property sought to be acquired by condemnation.

(b) Subsection (a) does not apply to an acquisition of real property under Subchapter D, Chapter 203, Transportation Code.

SECTION 3. This Act takes effect September 1, 2019.

* * * * *