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BILL ANALYSIS

 

 

 

H.B. 376

By: Rogers

Land & Resource Management

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

When certain projects involving property acquisition through eminent domain such as the construction of transmission lines or pipelines affect a person's property, the ensuing project may result in a decrease of the value of the property. Not many landowners are aware of the report of decreased value that may be submitted to the applicable appraisal district office by a property owner who believes that the appraised value of their property has decreased during the preceding tax year for any reason other than normal depreciation. H.B. 376 seeks to address this issue by including notification of the right to submit the report in the landowner's bill of rights that is provided in connection with eminent domain property acquisition so that a property owner who is affected by such an acquisition is fully informed of their rights.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 376 amends the Government Code to require the landowner's bill of rights statement prepared by the attorney general in connection with property acquisition through eminent domain to notify each property owner of their right to submit to the appraisal district office in the county in which the property is taxable a report of decreased value for the owner's remaining property after the taking. The statement must include a copy of the report of decreased value form issued by the comptroller of public accounts. Effective September 1, 2023, the bill requires the office of the attorney general to make the updated landowner's bill of rights statement available on the attorney general's website not later than January 1, 2024.

 

EFFECTIVE DATE

 

Except as otherwise provided, January 1, 2024.