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A BILL TO BE ENTITLED
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AN ACT
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relating to the acquisition of real property by an entity with |
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eminent domain 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, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) Before making any changes to the landowner's bill of |
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rights statement, the office of the attorney general shall: |
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(1) make the proposed statement available on the |
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attorney general's Internet website; and |
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(2) accept public comment regarding the proposed |
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statement for at least 90 days after the date the proposed statement |
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is made available under Subdivision (1). |
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SECTION 2. Subchapter D, Chapter 1101, Occupations Code, is |
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amended by adding Section 1101.162 to read as follows: |
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Sec. 1101.162. OMBUDSMAN FOR LANDOWNERS. (a) The |
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commission shall establish an ombudsman office within the |
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commission for the purpose of providing information to landowners |
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whose real property may be acquired by a governmental or private |
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entity through the use of the entity's eminent domain authority. |
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The commission shall select the ombudsman. |
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(b) The ombudsman shall provide information to and answer |
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questions from landowners described by Subsection (a), through the |
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commission's Internet website and a toll-free telephone number |
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established by the ombudsman, regarding: |
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(1) the landowner's bill of rights prepared by the |
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attorney general under Section 402.031, Government Code; and |
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(2) the procedures for acquiring real property through |
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the use of eminent domain authority under Chapter 21, Property |
|
Code, or other law. |
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(c) The commission shall: |
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(1) provide notice by publication of the landowner's |
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bill of rights to all counties in this state; and |
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(2) make the landowner's bill of rights available on |
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the commission's Internet website. |
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SECTION 3. Section 1101.502(a), Occupations Code, is |
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amended to read as follows: |
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(a) To be eligible to receive a certificate of registration |
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or a renewal certificate under this subchapter, a person must: |
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(1) be, at the time of application: |
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(A) [(1)] at least 18 years of age; and |
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(B) [(2)] a citizen of the United States or a |
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lawfully admitted alien; and |
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(2) successfully complete the required courses of |
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study prescribed by this subchapter, including qualifying or |
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continuing education requirements. |
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SECTION 4. Subchapter K, Chapter 1101, Occupations Code, is |
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amended by adding Sections 1101.508 and 1101.509 to read as |
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follows: |
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Sec. 1101.508. PROBATIONARY CERTIFICATE. (a) The |
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commission may issue a probationary certificate of registration |
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under this subchapter. |
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(b) The commission by rule shall adopt reasonable |
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requirements for the issuance of a probationary certificate. |
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Sec. 1101.509. QUALIFYING AND CONTINUING EDUCATION |
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REQUIREMENTS. (a) The commission by rule shall approve coursework |
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that an applicant must successfully complete to be eligible for the |
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issuance or renewal of a certificate of registration under this |
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subchapter. |
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(b) An applicant for the issuance or renewal of a |
|
certificate of registration shall submit evidence satisfactory to |
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the commission that the applicant has, in the two years immediately |
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preceding the submission of the application, completed at least 16 |
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classroom hours of coursework approved by the commission in: |
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(1) the law of eminent domain, including the rights of |
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property owners; |
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(2) appropriate standards of professionalism in |
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contacting and conducting negotiations with property owners; and |
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(3) ethical considerations in the performance of |
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right-of-way acquisition services. |
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SECTION 5. Section 1101.653, Occupations Code, is amended |
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to read as follows: |
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Sec. 1101.653. GROUNDS FOR SUSPENSION OR REVOCATION OF |
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CERTIFICATE. The commission may suspend or revoke a certificate of |
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registration issued under this chapter if the certificate holder: |
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(1) engages in dishonest dealing, fraud, unlawful |
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discrimination, or a deceptive act; |
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(2) makes a misrepresentation; |
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(3) acts in bad faith; |
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(4) demonstrates untrustworthiness; |
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(5) fails to honor, within a reasonable time, a check |
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issued to the commission after the commission has mailed a request |
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for payment to the certificate holder's last known address |
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according to the commission's records; |
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(6) fails to provide to a party to a transaction a |
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written notice prescribed by the commission that: |
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(A) must be given before the party is obligated |
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to sell, buy, lease, or transfer a right-of-way or easement; and |
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(B) contains: |
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(i) the name of the certificate holder; |
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(ii) the certificate number; |
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(iii) the name of the person the |
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certificate holder represents; |
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(iv) a statement advising the party that |
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the party may seek representation from a lawyer or broker in the |
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transaction; and |
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(v) a statement generally advising the |
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party that the right-of-way or easement may affect the value of the |
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property; [or] |
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(7) directly or indirectly accepts a financial |
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incentive to make an initial offer that the certificate holder |
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knows or should know is lower than the adequate compensation |
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required under the Texas Constitution; or |
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(8) disregards or violates this chapter or a |
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commission rule relating to certificate holders. |
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SECTION 6. Section 21.0113, Property Code, is amended by |
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adding Subsections (c), (d), and (e) to read as follows: |
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(c) Notwithstanding Subsection (b), a private entity, as |
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defined by Section 21.031, with eminent domain authority that wants |
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to acquire real property for a pipeline or electric transmission |
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project has made a bona fide offer only if the entity: |
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(1) satisfies the requirements of Subsection (b); |
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(2) includes in the initial offer: |
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(A) an offer of just compensation in an amount |
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equal to or greater than: |
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(i) the market value of the property rights |
|
sought to be acquired, including damages to any of the property |
|
owner's remaining property, if any, and other damages, if any, |
|
based on an appraisal of the property prepared by an independent |
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certified general appraiser licensed under Chapter 1103, |
|
Occupations Code; or |
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(ii) the estimated sales price of the |
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property rights sought to be acquired based on data for at least |
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three comparable arm's-length sales, including damages to any of |
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the property owner's remaining property, if any, and other damages, |
|
if any, based on: |
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(a) a comparative market analysis of |
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the property affected by the rights sought, prepared by an |
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independent real estate broker licensed under Chapter 1101, |
|
Occupations Code; |
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(b) a broker price opinion of the |
|
property affected by the rights sought, prepared by an independent |
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real estate broker licensed under Chapter 1101, Occupations Code; |
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or |
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(c) a market study of the property |
|
affected by the rights sought, prepared by an independent real |
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estate broker licensed under Chapter 1101, Occupations Code; |
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(B) the complete written report of the appraisal, |
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the comparative market analysis, the broker price opinion, or the |
|
market study that forms the basis for the amount of the offer of |
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compensation under Paragraph (A); |
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(C) notice of the terms described by Section |
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21.0114(b) for which the property owner may negotiate to be |
|
included in a deed, easement, agreement, or other instrument of |
|
conveyance relating to the property; |
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(D) notice that the property owner may also |
|
receive a final offer accompanied by a written appraisal; and |
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(E) a copy of the notice of property owner |
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information meeting required by Section 21.033, if applicable, |
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unless the entity has previously provided a copy of the notice to |
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the property owner; |
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(3) participates in the property owner information |
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meeting in the manner prescribed by Section 21.037, if applicable; |
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(4) obtains for purposes of Subsection (b)(4) a |
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written appraisal report from a certified appraiser; and |
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(5) includes in the final offer a copy of the written |
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appraisal report required by Subsection (b)(4) unless the entity |
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has previously provided a copy of the report to the property owner. |
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(d) For purposes of Subsection (c)(2)(A)(ii), a real estate |
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broker licensed under Chapter 1101, Occupations Code, is authorized |
|
to prepare an estimated sales price based on a comparative market |
|
analysis, a broker price opinion, or a market study. |
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(e) An offer of compensation made under Subsection (c) must |
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include a separate statement of: |
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(1) the damages, if any, to any of the property owner's |
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remaining property; and |
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(2) the other damages, if any. |
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SECTION 7. Section 21.047(d), Property Code, is transferred |
|
to Section 21.0113, Property Code, redesignated as Section |
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21.0113(f), Property Code, and amended to read as follows: |
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(f) [(d)] If a court hearing a suit under this chapter |
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determines that a condemnor did not make a bona fide offer to |
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acquire the property from the property owner voluntarily as |
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required by this section [Section 21.0113], the court shall abate |
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the suit, order the condemnor to make a bona fide offer, and order |
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the condemnor to pay: |
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(1) all costs as provided by Section 21.047(a) |
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[Subsection (a)]; and |
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(2) any reasonable attorney's fees and other |
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professional fees incurred by the property owner that are directly |
|
related to the violation. |
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SECTION 8. Subchapter B, Chapter 21, Property Code, is |
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amended by adding Section 21.0114 to read as follows: |
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Sec. 21.0114. REQUIRED TERMS FOR INSTRUMENTS OF CONVEYANCE |
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BY CERTAIN PRIVATE ENTITIES. (a) Except as provided by Subsections |
|
(c) and (d), a deed, easement, agreement, or other instrument of |
|
conveyance provided to a property owner by a private entity, as |
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defined by Section 21.031, that has the power of eminent domain to |
|
acquire the property interest to be conveyed must include the |
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following terms, as applicable: |
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(1) if the instrument conveys a pipeline right-of-way |
|
easement: |
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(A) the maximum number of pipelines that may be |
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installed in the easement; |
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(B) the maximum diameter, excluding any |
|
protective coating or wrapping, of each pipeline to be initially |
|
installed in the easement; |
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(C) the type or category of substances permitted |
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to be transported through each pipeline to be installed in the |
|
easement; |
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(D) a general description of any aboveground |
|
equipment or facility the private entity intends to install, |
|
maintain, or operate on the surface of the easement; |
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(E) any descriptions of the location of the |
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easement, including metes and bounds or centerline descriptions, |
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plats, and aerial or other map-based depictions of the location of |
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the easement on the property, that are in the possession of the |
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private entity when the private entity provides the instrument of |
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conveyance to the property owner; |
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(F) the maximum width of the easement; |
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(G) the minimum depth at which each pipeline to |
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be installed in the easement will initially be installed; |
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(H) a provision identifying whether the private |
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entity intends to double-ditch areas of the easement that are not |
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installed by boring or horizontal directional drilling; |
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(I) a provision limiting the private entity's |
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right to assign the entity's interest under the deed, easement, |
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agreement, or other instrument of conveyance without: |
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(i) written notice to the property owner at |
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the last known address of the person in whose name the property is |
|
listed on the most recent tax roll of any taxing unit authorized to |
|
levy property taxes against the property; or |
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(ii) if the assignee, including an assignee |
|
that is an affiliate or subsidiary of or entity otherwise related to |
|
the private entity, will not operate each pipeline installed on the |
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easement as a common carrier line or gas utility, the express |
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written consent of the property owner, provided the property owner |
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does not unreasonably withhold consent; |
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(J) a provision describing whether the easement |
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rights are exclusive, nonexclusive, or otherwise limited; |
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(K) a provision limiting the private entity's |
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right to grant a third party access to the easement area for a |
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purpose that is not related to the construction, safety, repair, |
|
maintenance, inspection, replacement, operation, or removal of |
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each pipeline to be installed in the easement; |
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(L) a provision regarding the property owner's |
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right to recover actual monetary damages arising from the |
|
construction and installation of each pipeline to be installed in |
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the easement, or a statement that the consideration for the |
|
easement includes any monetary damages arising from the |
|
construction and installation of each pipeline to be installed in |
|
the easement; |
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(M) a provision regarding the property owner's |
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right after initial construction and installation of each pipeline |
|
to be installed in the easement to actual monetary damages arising |
|
from the repair, maintenance, inspection, replacement, operation, |
|
or removal of each pipeline to be installed in the easement; |
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(N) a provision: |
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(i) regarding the removal, cutting, use, |
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repair, and replacement of gates and fences that cross the easement |
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or that will be used by the private entity; or |
|
(ii) providing for the payment for any |
|
damage that is not restored; |
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(O) a provision: |
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(i) regarding the private entity's |
|
obligation to restore the easement area and the property owner's |
|
remaining property used by the private entity to as near to original |
|
condition as is reasonably practicable and to maintain the |
|
easement, including restoring the easement to the easement's |
|
original contours and grades; or |
|
(ii) providing for the private entity to |
|
reimburse the property owner for actual monetary damages incurred |
|
by the property owner that arise from damage to the easement area |
|
and the property owner's remaining property caused by the private |
|
entity and not restored; and |
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(P) a provision describing the private entity's |
|
rights of ingress, egress, entry, and access on, to, over, and |
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across the easement; and |
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(2) if the instrument conveys an electric transmission |
|
right-of-way easement: |
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(A) a general description of any use of the |
|
surface of the easement the entity intends to acquire; |
|
(B) all descriptions of the location of the |
|
easement, including metes and bounds or centerline descriptions, |
|
plats, and aerial or other map-based depictions of the location of |
|
the easement on the property, that are in the possession of the |
|
private entity when the private entity provides the instrument of |
|
conveyance to the property owner; |
|
(C) the maximum width of the easement; |
|
(D) the manner in which the entity will access |
|
the easement; |
|
(E) a provision limiting access to the easement |
|
area by a third party that has not obtained authorization from the |
|
property owner for a purpose that is not related to the transmission |
|
line's construction, safety, repair, maintenance, inspection, |
|
replacement, operation, or removal; |
|
(F) a provision regarding the property owner's |
|
right to recover actual monetary damages arising from the |
|
construction, repair, maintenance, replacement, or future removal |
|
of lines and support facilities in the easement, or a statement that |
|
the consideration for the easement includes such future damages; |
|
(G) a provision: |
|
(i) regarding the removal, cutting, use, |
|
repair, and replacement of gates and fences that cross the easement |
|
or that will be used by the private entity; or |
|
(ii) providing for the payment for any |
|
damage that is not restored; |
|
(H) a provision regarding the entity's |
|
obligation to restore the easement area and the property owner's |
|
remaining property to the easement area's and the remaining |
|
property's original contours and grades and: |
|
(i) a provision regarding the entity's |
|
obligation to restore the easement area and the property owner's |
|
remaining property following any future damages directly |
|
attributed to the use of the easement by the private entity; or |
|
(ii) a statement that the consideration for |
|
the easement includes future damages to the easement area and the |
|
property owner's remaining property; |
|
(I) a provision describing whether the easement |
|
rights are exclusive, nonexclusive, or otherwise limited; and |
|
(J) a prohibition against the assignment of the |
|
entity's interest in the property to an assignee that will not |
|
operate as a utility subject to the jurisdiction of the Public |
|
Utility Commission of Texas or the Federal Energy Regulatory |
|
Commission without written notice to the property owner at the last |
|
known address of the person in whose name the property is listed on |
|
the most recent tax roll of any taxing unit authorized to levy |
|
property taxes against the property. |
|
(b) The private entity shall notify the property owner that |
|
the property owner may negotiate for the following terms to be |
|
included in a deed, easement, agreement, or other instrument of |
|
conveyance described by Subsection (a): |
|
(1) a provision regarding the property owner's right |
|
to negotiate to recover damages, or a statement that the |
|
consideration for the easement includes damages, for: |
|
(A) damage to vegetation; and |
|
(B) the income loss from disruption of existing |
|
agricultural production or existing leases; |
|
(2) a prohibition against any use of the property |
|
being conveyed, other than a use stated in the deed, easement, |
|
agreement, or other instrument of conveyance, without the express |
|
written consent of the property owner; |
|
(3) a provision: |
|
(A) requiring the private entity to maintain at |
|
all times while the private entity uses the easement, including |
|
during construction and operations on the easement, liability |
|
insurance: |
|
(i) issued by an insurer authorized to |
|
issue liability insurance in this state; and |
|
(ii) insuring the property owner against |
|
liability for personal injuries and property damage sustained by |
|
any person caused by the negligence of the private entity or the |
|
private entity's agents or contractors; or |
|
(B) if the private entity is subject to the |
|
jurisdiction of the Public Utility Commission of Texas or has a net |
|
worth of at least $25 million, requiring the private entity to |
|
indemnify the property owner against liability for personal |
|
injuries and property damage sustained by any person caused by the |
|
negligence of the private entity or the private entity's agents or |
|
contractors; and |
|
(4) a provision that the terms of the deed, easement, |
|
agreement, or other instrument of conveyance will bind the |
|
successors and assigns of the property owner and private entity. |
|
(c) A private entity, as defined by Section 21.031, or the |
|
property owner may: |
|
(1) negotiate for and agree to terms and conditions |
|
not required by Subsection (a) or provided by Subsection (b), |
|
including terms and conditions not included in a subsequent |
|
condemnation petition; and |
|
(2) agree to a deed, easement, agreement, or other |
|
instrument of conveyance that does not include the terms required |
|
by Subsection (a). |
|
(d) Except as provided by this subsection, this section does |
|
not prohibit a private entity or the property owner from agreeing to |
|
amend the terms required by Subsection (a) after the private entity |
|
makes an initial offer or final offer to the property owner as |
|
required by Section 21.0113. A private entity that changes the |
|
terms required by Subsection (a) must provide a copy of the amended |
|
deed, easement, agreement, or other instrument of conveyance to the |
|
property owner not later than the 14th day before the date the |
|
private entity files a condemnation petition relating to the |
|
property. |
|
(e) A private entity that amends a deed, easement, |
|
agreement, or other instrument of conveyance to which this section |
|
applies after the initial offer or final offer is not required to |
|
satisfy again any requirement of Section 21.0113 that the private |
|
entity has previously satisfied. |
|
(f) A court hearing a suit under this chapter involving |
|
property the acquisition of which is subject to the requirements of |
|
this section: |
|
(1) may determine whether the private entity has |
|
complied with the requirements of this section; and |
|
(2) if the court determines that the private entity |
|
has not provided to a property owner a deed, easement, agreement, or |
|
other instrument of conveyance that complies with the requirements |
|
of this section, shall: |
|
(A) order the private entity to: |
|
(i) provide to the property owner a deed, |
|
easement, agreement, or other instrument of conveyance that |
|
complies with the requirements of this section; and |
|
(ii) pay to the property owner: |
|
(a) all costs related to the private |
|
entity's failure to comply with this section; and |
|
(b) any reasonable attorney's fees and |
|
other professional fees incurred by the property owner that are |
|
directly related to the private entity's failure to comply with |
|
this section; and |
|
(B) abate a pending proceeding until the |
|
instrument is provided. |
|
SECTION 9. Section 21.014(a), Property Code, is amended to |
|
read as follows: |
|
(a) The judge of a court in which a condemnation petition is |
|
filed or to which an eminent domain case is assigned shall appoint |
|
three disinterested real property owners who reside in the county |
|
as special commissioners to assess the damages of the owner of the |
|
property being condemned and appoint two disinterested real |
|
property owners who reside in the county as alternate special |
|
commissioners. The judge appointing the special commissioners |
|
shall give preference to persons agreed on by the parties. The |
|
judge shall provide each party a reasonable period to strike one of |
|
the three commissioners appointed by the judge. If a person fails |
|
to serve as a commissioner or is struck by a party to the suit in |
|
accordance with this subsection, an alternate special commissioner |
|
shall serve as a replacement for the special commissioner based on |
|
the order that the alternate special commissioners are listed in |
|
the initial order of appointment [, the judge shall appoint a |
|
replacement]. |
|
SECTION 10. Section 21.016(d), Property Code, is amended to |
|
read as follows: |
|
(d) Notice may be served[: |
|
[(1)] by delivering a copy of the notice to the party |
|
or to the party's agent or attorney or in any other manner provided |
|
by the Texas Rules of Civil Procedure for service of citation[; |
|
[(2) if the property being condemned belongs to a |
|
deceased's estate or to a minor or other legally disabled person and |
|
the person or estate has a legal representative, by delivering a |
|
copy of the notice to the legal representative; or |
|
[(3) if the property being condemned belongs to a |
|
nonresident of this state and there has been no personal service on |
|
the owner, if the identity or the residence of the property owner is |
|
unknown, or if the property owner avoids service of notice by |
|
hiding, by publication in the same manner as service of citation by |
|
publication in other civil cases in the district courts or county |
|
courts at law]. |
|
SECTION 11. Chapter 21, Property Code, is amended by adding |
|
Subchapter B-1 to read as follows: |
|
SUBCHAPTER B-1. ACQUISITION OF PROPERTY BY CERTAIN PRIVATE |
|
ENTITIES |
|
Sec. 21.031. DEFINITION. In this subchapter, "private |
|
entity": |
|
(1) means: |
|
(A) a for-profit entity, however organized, |
|
authorized to exercise the power of eminent domain to acquire |
|
private property for public use; and |
|
(B) any affiliate or subsidiary of or entity |
|
related to an entity described by Paragraph (A), including a |
|
for-profit corporation organized under Chapter 67, Water Code, if |
|
the affiliate, subsidiary, or other entity was formed for purposes |
|
of a project for which property may be acquired through eminent |
|
domain; and |
|
(2) does not include a railroad operating in this |
|
state on or before September 1, 2019. |
|
Sec. 21.032. APPLICABILITY OF SUBCHAPTER. (a) Except as |
|
expressly provided by Section 21.033(d), this subchapter applies |
|
only to a private entity that seeks to acquire for the same pipeline |
|
or electric transmission project 25 or more tracts of real |
|
property, including easements within those tracts, that are owned |
|
by at least 25 separate and unaffiliated property owners. |
|
(b) Except as expressly provided by Section 21.0392, this |
|
subchapter does not apply to a private entity that: |
|
(1) operates or proposes to construct an electric |
|
transmission line; and |
|
(2) is subject to the jurisdiction of the Public |
|
Utility Commission of Texas under Chapter 37, Utilities Code. |
|
(c) This subchapter does not apply to the acquisition of a |
|
tract of real property that is an industrial property, including a |
|
tract that contains a refinery, processing facility, underground |
|
storage facility, electric station, industrial facility, power |
|
plant facility, or storage terminal. |
|
Sec. 21.033. NOTICE OF PROPERTY OWNER INFORMATION MEETING. |
|
(a) A private entity shall, before or at the same time that the |
|
entity makes an initial offer as required under Section 21.0113, |
|
provide a written notice advising the property owner of: |
|
(1) the property owner's right to participate in a |
|
meeting to discuss the proposed project, including: |
|
(A) if the project is a pipeline, the substances, |
|
products, materials, installations, and structures the private |
|
entity intends to transport through, use for, or build as part of |
|
the project; and |
|
(B) any regulatory filings for the project; and |
|
(2) the date, time, and location of the meeting. |
|
(b) The private entity shall send the meeting notice to: |
|
(1) the property owner listed for the property on the |
|
most recent tax roll for a taxing unit with authority to levy an ad |
|
valorem tax on the property; or |
|
(2) the address for the property listed on the tax roll |
|
described by Subdivision (1). |
|
(c) The private entity shall also send the meeting notice |
|
to: |
|
(1) any other address that the private entity has for |
|
the property owner; and |
|
(2) each county judge of a county in which all or part |
|
of the project section or segment for which the meeting is to be |
|
held is located. |
|
(d) If a pipeline involves fewer than 25 separate and |
|
unaffiliated property owners, the private entity shall provide |
|
notice to the property owners in the manner prescribed by this |
|
section that a property owner may request a meeting with the private |
|
entity to receive the information required to be presented by a |
|
private entity under Section 21.037. If a property owner requests a |
|
meeting, the private entity shall hold the meeting not later than |
|
the 30th day after the date the private entity sent the notice to |
|
the property owner. |
|
Sec. 21.034. PROPERTY OWNER INFORMATION MEETING. (a) For |
|
each contiguous linear section of a proposed project route that is |
|
equal to or less than 100 miles in length, the private entity shall |
|
hold a group property owner meeting. For a project that exceeds 100 |
|
miles in length, the private entity shall hold at least one separate |
|
meeting for each 100-mile segment. |
|
(b) The private entity shall hold a meeting required under |
|
Subsection (a) in a centrally located public location: |
|
(1) appropriate to the size and nature of the meeting; |
|
and |
|
(2) as convenient as possible to the majority of |
|
property owners affected by the project or project segment for |
|
which the meeting is required. |
|
(c) The private entity shall hold the meeting in a location |
|
the travel distance to which is 50 miles or less for the majority of |
|
property owners who reside on property being acquired for the |
|
project section or segment for which the meeting is to be held. |
|
(d) A meeting required under Subsection (a) may not be |
|
scheduled to begin earlier than 5:30 p.m. |
|
(e) A meeting required under Subsection (a) may not be held |
|
before the private entity sends at least 25 percent of the initial |
|
offers required by Section 21.0113. |
|
Sec. 21.035. PERSONS AUTHORIZED TO ATTEND PROPERTY OWNER |
|
INFORMATION MEETING. (a) In addition to the property owner and the |
|
private entity representatives, the following individuals may |
|
attend a meeting held under Section 21.034: |
|
(1) an invited relative of the property owner who is |
|
related to the property owner within the third degree by |
|
consanguinity or affinity, as determined under Chapter 573, |
|
Government Code; |
|
(2) an attorney or licensed appraiser representing the |
|
property owner; |
|
(3) an employee or a lessee of the property owner that |
|
has direct knowledge of the property; |
|
(4) an employee of an entity with whom the property |
|
owner has contracted for services to manage the property; or |
|
(5) a county judge of a county in which all or part of |
|
the project section or segment for which the meeting is held is |
|
located. |
|
(b) A private entity may include in the notice required by |
|
Section 21.033 a requirement that the property owner identify |
|
persons described by Subsections (a)(1)-(4) who intend to attend |
|
the meeting not later than two days before the date of the meeting. |
|
(c) The number of attendees under Subsections (a)(1)-(4) |
|
may not exceed five individuals for each separate tract of |
|
property. |
|
(d) The private entity may require attendees to provide |
|
identification and complete a registration form that includes |
|
contact information. |
|
(e) The private entity may take reasonable steps to maintain |
|
safety and decorum at the meeting, including expelling attendees |
|
who do not meet the requirements of this subchapter. |
|
(f) The private entity may not deny entry to a property |
|
owner who provides proper identification. |
|
Sec. 21.036. PARTICIPATION BY PRIVATE ENTITY REQUIRED. One |
|
or more representatives designated by the private entity shall: |
|
(1) attend each meeting required by Section 21.034; |
|
and |
|
(2) participate in those meetings in the manner |
|
prescribed by Section 21.037. |
|
Sec. 21.037. PROPERTY OWNER INFORMATION MEETING AGENDA. |
|
(a) At a meeting held under Section 21.034: |
|
(1) the private entity shall present: |
|
(A) the information contained in the landowner's |
|
bill of rights statement required to be provided to a property owner |
|
under Section 21.0112; |
|
(B) a description of the public use for which the |
|
entity wants to acquire the real property; |
|
(C) the terms required under Section 21.0114 to |
|
be included in a deed, easement, agreement, or other instrument of |
|
conveyance provided by the entity to the property owner; |
|
(D) a description of the method and factors used |
|
by the entity to determine the entity's initial offer, including: |
|
(i) how damages to remaining property, if |
|
any, were evaluated; or |
|
(ii) the name of the person who prepared the |
|
appraisal report, comparative market analysis, broker price |
|
opinion, or market study required under Section 21.0113(c); |
|
(E) a description of the private entity's |
|
regulatory filings related to the project; |
|
(F) the basis for the private entity's exercise |
|
of eminent domain authority for the project; and |
|
(G) the name and contact information, as known at |
|
the time of the meeting, of any third-party contractor to be used by |
|
the entity to acquire the land or undertake the project; and |
|
(2) any person who is an authorized attendee of the |
|
meeting must be given an opportunity at the meeting to ask questions |
|
and make comments regarding: |
|
(A) the rights of the property owners; |
|
(B) the proposed public use for which the real |
|
property is to be acquired; and |
|
(C) any terms required under Section 21.0114 to |
|
be included in a deed, easement, agreement, or other instrument of |
|
conveyance provided by the private entity to a property owner. |
|
(b) On request, a private entity shall provide, in written |
|
or electronic form, the materials presented by the private entity |
|
at the meeting to a property owner who could not attend the meeting. |
|
Sec. 21.038. CONTACT AFTER PROPERTY OWNER INFORMATION |
|
MEETING. A private entity that holds a meeting under Section 21.034 |
|
may not contact a property owner for three days following the date |
|
of the meeting. Nothing in this section precludes: |
|
(1) a property owner or an individual allowed to |
|
attend a meeting held under Section 21.034 from contacting the |
|
private entity at any time; or |
|
(2) the private entity from engaging in discussions |
|
with a person described by Subdivision (1) after that person |
|
contacts the entity. |
|
Sec. 21.039. PROCEDURES AFTER PROJECT RE-ROUTE. If any |
|
part of the project is re-routed after any meeting is held under |
|
Section 21.034, the private entity shall, with respect to that |
|
re-route only, comply with the provisions of this subchapter with |
|
respect to tracts along the re-route. |
|
Sec. 21.0391. PRIVATE ENTITY NONCOMPLIANCE. (a) A private |
|
entity subject to this subchapter may not proceed with a special |
|
commissioners' hearing against a property owner unless the private |
|
entity has held a meeting required under this subchapter. |
|
(b) If a court hearing a suit under this chapter determines |
|
that a private entity did not comply with the applicable provisions |
|
of this subchapter, the court shall: |
|
(1) abate any condemnation proceeding filed by the |
|
private entity until the private entity has complied with this |
|
subchapter; |
|
(2) order the private entity to comply with the |
|
applicable provisions of this subchapter; and |
|
(3) order the private entity to pay: |
|
(A) all costs of the proceeding; and |
|
(B) any reasonable attorney's fees and other |
|
professional fees incurred by the property owner that are directly |
|
related to the entity's failure to comply with the applicable |
|
provisions of this subchapter. |
|
(c) A condemnation proceeding that is abated under this |
|
section may proceed after a court finds that the private entity has |
|
complied with the applicable provisions of this subchapter. |
|
Sec. 21.0392. PROCEDURES FOR CERTAIN PRIVATE ENTITIES |
|
SUBJECT TO JURISDICTION OF PUBLIC UTILITY COMMISSION. (a) This |
|
section applies only to a private entity that proposes to exercise |
|
the power of eminent domain to construct an electric transmission |
|
line and is subject to the authority of the Public Utility |
|
Commission of Texas under Chapter 37, Utilities Code. |
|
(b) A private entity to which this section applies and that |
|
is required by the Public Utility Commission of Texas to conduct a |
|
public meeting in connection with the electric transmission line |
|
project shall present at the meeting: |
|
(1) the information contained in the landowner's bill |
|
of rights required to be provided to a property owner under Section |
|
21.0112; |
|
(2) the terms required under Section 21.0114 to be |
|
included in a deed, easement, agreement, or other instrument of |
|
conveyance provided by the entity to the property owner; |
|
(3) the name and contact information of any |
|
third-party contractor or right-of-way agent that will contact a |
|
property owner or seek access to the property owner's property in |
|
connection with the project, to the extent available; |
|
(4) the name and contact information, including direct |
|
telephone number and e-mail address, for an agent or employee of the |
|
entity with authority to answer questions about the electric |
|
transmission line project; |
|
(5) the method for calculating the value of the |
|
property being acquired by the entity and the damages, if any, to |
|
the property owner's remaining property, as part of the entity's |
|
initial offer to a property owner; and |
|
(6) a detailed summary of procedures for right-of-way |
|
acquisition after the route for the electric transmission line has |
|
been selected. |
|
(c) The private entity must give property owners the |
|
opportunity to ask the entity questions regarding eminent domain |
|
and right-of-way acquisition at the meeting. |
|
(d) After the Public Utility Commission of Texas adopts a |
|
route for the electric transmission line, the entity shall provide |
|
by letter to each property owner on the route: |
|
(1) a copy of the entity's draft easement form |
|
containing a statement of the terms required by Section 21.0114 to |
|
be included in a deed, easement, agreement, or other instrument of |
|
conveyance provided by the entity to the property owner; |
|
(2) an explanation of the initial offer process and |
|
the basis for calculating the value of the property being acquired |
|
by the entity and the damages, if any, to the property owner's |
|
remaining property as part of the initial offer required by Section |
|
21.0113; |
|
(3) a statement of the property owner's right under |
|
Section 21.0113 to receive a copy of the written appraisal with the |
|
final offer, if a copy of the written appraisal has not previously |
|
been provided to the property owner by the entity; |
|
(4) an explanation of the negotiation process, |
|
including the name and contact information of any right-of-way |
|
agent who will be participating in the process; and |
|
(5) the name and contact information, including the |
|
direct telephone number and e-mail address, for an agent or |
|
employee of the entity with authority to answer questions about the |
|
electric transmission line project. |
|
(e) On request, a private entity shall provide, in written |
|
or electronic form, the materials presented by the private entity |
|
at the meeting to a property owner who could not attend the meeting. |
|
SECTION 12. Section 21.042, Property Code, is amended by |
|
adding Subsection (d-1) to read as follows: |
|
(d-1) In estimating injury or benefit under Subsection (c) |
|
in a condemnation proceeding relating to the acquisition of real |
|
property by a private entity as defined by Section 21.031 for a |
|
pipeline or electric transmission project, the special |
|
commissioners shall consider, in addition to the considerations |
|
required under Subsection (d), an injury or benefit to the |
|
remaining property as a result of: |
|
(1) the characteristics, size, or visibility of any |
|
infrastructure on the condemned property; |
|
(2) any limitation of future expansion of the |
|
remaining property; and |
|
(3) terms of the easement acquired in connection with, |
|
or the alignment of an easement in connection with, the |
|
condemnation. |
|
SECTION 13. Not later than December 1, 2021, the Texas Real |
|
Estate Commission shall: |
|
(1) establish an ombudsman office for landowners as |
|
required by Section 1101.162, Occupations Code, as added by this |
|
Act; and |
|
(2) adopt rules necessary to implement the changes in |
|
law made by this Act to Chapter 1101, Occupations Code. |
|
SECTION 14. Notwithstanding Section 1101.502(a), |
|
Occupations Code, as amended by this Act, and Section 1101.509, |
|
Occupations Code, as added by this Act, a person who has submitted |
|
an application for the issuance or renewal of a certificate of |
|
registration as an easement or right-of-way agent on or before |
|
January 1, 2022, is not subject to the education requirements of |
|
those provisions until the first renewal of the certificate after |
|
January 1, 2024. |
|
SECTION 15. (a) Except as provided by Subsection (b) of |
|
this section, the changes in law made by this Act to Chapter 21, |
|
Property Code, apply only to the acquisition of real property in |
|
connection with an initial offer made under Chapter 21, Property |
|
Code, on or after the effective date of this Act. An acquisition of |
|
real property in connection with an initial offer made under |
|
Chapter 21, Property Code, before the effective date of this Act is |
|
governed by the law applicable to the acquisition immediately |
|
before the effective date of this Act, and that law is continued in |
|
effect for that purpose. |
|
(b) Section 21.0392, Property Code, as added by this Act, |
|
applies only to a public meeting required under Chapter 37, |
|
Utilities Code, held on or after the effective date of this Act. |
|
SECTION 16. This Act takes effect September 1, 2021. |