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A BILL TO BE ENTITLED
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AN ACT
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relating to the resale price of real property repurchased from a |
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condemning entity by a previous owner or the owner's heirs, |
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successors, or assigns. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.103, Property Code, is amended by |
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amending Subsection (b) and adding Subsections (c) and (d) to read |
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as follows: |
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(b) As soon as practicable after receipt of a notice of |
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intent to repurchase under Subsection (a), the entity shall offer |
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to sell the property interest to the person for the amount the |
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entity was ordered to pay the owner for the property interest in the |
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final judgment in the condemnation proceeding through which the |
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entity acquired the property interest [price paid to the owner by |
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the entity at the time the entity acquired the property through |
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eminent domain]. |
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(c) The amount of an entity's offer to sell under Subsection |
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(b) may not include any amount: |
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(1) awarded by the court and paid by the entity to the |
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property owner: |
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(A) as costs or fees under Section 21.047; |
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(B) for damages to the property resulting from |
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the entity's temporary possession of the property under Section |
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21.044; or |
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(C) to account for, if applicable: |
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(i) the effect of the condemnation of the |
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property interest on the value of the property owner's remaining |
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property, as described by Section 21.042(c); or |
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(ii) the market value of groundwater rights |
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as property apart from the property owner's other real property at |
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the time of the hearing, as described by Section 21.0421(c)(2); |
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(2) expressly paid or reasonably understood to have |
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been paid by the entity to the property owner as consideration to |
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avoid litigation by the property owner; or |
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(3) otherwise paid by the entity to the property owner |
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for a purpose other than to compensate the owner for the value of |
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the interest acquired. |
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(d) The person's right to repurchase the property expires on |
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the 90th day after the date on which the entity makes the offer. |
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SECTION 2. (a) A person entitled to repurchase a property |
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interest under Subchapter E, Chapter 21, Property Code, who gave a |
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notice of intent to repurchase the property interest under Section |
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21.103(a), Property Code, before the effective date of this Act is |
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entitled to repurchase the property interest for an amount that |
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does not exceed the amount described by Section 21.103(b), Property |
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Code, as amended by this Act, regardless of whether the person |
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received or accepted an offer made under that section before the |
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effective date of this Act, if the repurchase of the property |
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interest was not completed before the effective date of this Act. |
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(b) Except as provided by Subsection (c) of this section, as |
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soon as practicable after the effective date of this Act, an entity |
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that has made or is required to make an offer under Section 21.103, |
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Property Code, to a person described by Subsection (a) of this |
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section shall make an offer to sell the property interest to the |
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person at the amount described by Section 21.103(b), Property Code, |
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as amended by this Act. The person's right to repurchase the |
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property interest expires on the 90th day after the date on which |
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the entity makes the offer under this subsection. |
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(c) An entity is not required to make an offer under |
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Subsection (b) of this section if, before the effective date of this |
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Act, the entity made an offer to sell the property interest to the |
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person for an amount that does not exceed the amount described by |
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Section 21.103(b), Property Code, as amended by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |