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A BILL TO BE ENTITLED
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AN ACT
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relating to a landowner's bill of rights statement in connection |
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with the acquisition of real property through eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 402.031(b) and (c), Government Code, |
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are amended 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; |
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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) file a written complaint with the Texas Real |
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Estate Commission under Section 1101.205, Occupations Code, |
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regarding alleged misconduct by a registered easement or |
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right-of-way agent acting on behalf of the entity exercising |
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eminent domain authority; and |
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(7) submit to the appraisal district office in the |
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county in which the property is taxable a report of decreased value |
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for the owner's remaining property after the taking. |
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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; 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 object to and |
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appeal an amount of damages awarded; and |
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(3) a copy of the report of decreased value form issued |
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by the comptroller. |
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SECTION 2. 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, 2024. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect January 1, 2024. |
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(b) Section 2 of this Act takes effect September 1, 2023. |