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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of property owners to file complaints against |
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certain entities regulated by the Railroad Commission of Texas |
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regarding alleged misconduct by the entities while exercising |
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eminent domain authority; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 402.031(b), Government Code, is amended |
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to read as follows: |
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(b) The landowner's bill of rights must notify each property |
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owner that the property owner has the right to: |
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(1) notice of the proposed acquisition of the owner's |
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property; |
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(2) a bona fide good faith effort to negotiate by the |
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entity proposing to acquire the property; |
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(3) an assessment of damages to the owner that will |
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result from the taking of the property; |
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(4) a hearing under Chapter 21, Property Code, |
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including a hearing on the assessment of damages; [and] |
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(5) an appeal of a judgment in a condemnation |
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proceeding, including an appeal of an assessment of damages; and |
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(6) if the entity proposing to acquire the owner's |
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property is regulated by the Railroad Commission of Texas, file a |
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written complaint with the commission regarding alleged misconduct |
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by the entity while exercising the entity's eminent domain |
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authority. |
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SECTION 2. Section 81.0591, Natural Resources Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) If an entity that proposes to acquire property through |
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the use of the entity's eminent domain authority under Chapter 21, |
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Property Code, is regulated by the commission, the property owner |
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may file a written complaint with the commission under this section |
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regarding alleged misconduct by the entity while exercising that |
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authority, including a violation by the entity of Section 81.073. |
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SECTION 3. Subchapter C, Chapter 81, Natural Resources |
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Code, is amended by adding Section 81.073 to read as follows: |
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Sec. 81.073. MISUSE OF LANDOWNER'S BILL OF RIGHTS; CIVIL |
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PENALTY. (a) An entity regulated by the commission may not use a |
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landowner's bill of rights statement prepared under Section |
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402.031, Government Code, to harass, intimidate, or otherwise |
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mislead a property owner. |
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(b) An entity that violates this section is liable to the |
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state for a civil penalty in an amount of not more than: |
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(1) $1,000 for the first violation; and |
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(2) $5,000 for each subsequent violation. |
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(c) The commission may refer a complaint alleging a |
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violation of this section received under Section 81.0591(d) to the |
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attorney general. |
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(d) The attorney general may bring an action in the name of |
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the state to enjoin a violation of this section or to recover the |
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civil penalty provided by this section, or both. |
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SECTION 4. 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 September 1, 2021. |
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SECTION 5. This Act takes effect September 1, 2021. |