| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain requirements in connection with the acquisition |
|
|
of real property for public use by an entity with eminent domain |
|
|
authority. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 402.031, Government Code, is amended by |
|
|
amending Subsection (c) and adding Subsection (c-2) to read as |
|
|
follows: |
|
|
(c) The statement must include: |
|
|
(1) the title, "Landowner's Bill of Rights"; and |
|
|
(2) a description of: |
|
|
(A) the condemnation procedure provided by |
|
|
Chapter 21, Property Code; |
|
|
(B) the condemning entity's obligations to the |
|
|
property owner, including the responsibility for any damages |
|
|
arising from an examination or survey of the property; [and] |
|
|
(C) the property owner's options during a |
|
|
condemnation, including the property owner's right to: |
|
|
(i) refuse to grant permission to the |
|
|
condemning entity to enter the property and conduct an examination |
|
|
or survey of the property; |
|
|
(ii) negotiate the terms of the examination |
|
|
or survey of the property; and |
|
|
(iii) object to and appeal an amount of |
|
|
damages awarded; and |
|
|
(D) the condemning entity's right to sue for a |
|
|
court order authorizing the examination or survey if the property |
|
|
owner refuses to grant permission for the examination or survey. |
|
|
(c-2) The statement must disclose that a condemning entity, |
|
|
other than an entity acquiring property as authorized under |
|
|
Subchapter D, Chapter 203, Transportation Code, that makes an |
|
|
initial offer under Section 21.0113, Property Code, that includes |
|
|
real property that the entity does not seek to acquire by |
|
|
condemnation shall in the initial offer: |
|
|
(1) separately identify the real property that the |
|
|
entity does not seek to acquire by condemnation; and |
|
|
(2) make an offer for the real property that the entity |
|
|
does not seek to acquire by condemnation separate from the offer |
|
|
made for the real property sought to be acquired by condemnation. |
|
|
SECTION 2. Subchapter B, Chapter 21, Property Code, is |
|
|
amended by adding Section 21.01101 to read as follows: |
|
|
Sec. 21.01101. SURVEY PERMISSION FORM. If an entity with |
|
|
eminent domain authority provides a form to an owner of real |
|
|
property requesting the owner's permission to enter the property to |
|
|
examine the property or conduct a survey of the property in |
|
|
connection with the potential acquisition of the property for a |
|
|
public use, the form must conspicuously state that: |
|
|
(1) the owner has a right to refuse to grant permission |
|
|
to the entity to enter the property and conduct the examination or |
|
|
survey; |
|
|
(2) the entity has a right to sue for a court order |
|
|
authorizing the entity to enter the property and conduct the |
|
|
examination or survey if the owner refuses to grant the permission; |
|
|
(3) the owner has a right to negotiate the terms of the |
|
|
examination or survey of the property; and |
|
|
(4) the entity has the responsibility for any damages |
|
|
arising from an examination or survey of the property. |
|
|
SECTION 3. Section 21.0112(a), Property Code, is amended to |
|
|
read as follows: |
|
|
(a) At the time [Not later than the seventh day before the |
|
|
date] a governmental or private entity with eminent domain |
|
|
authority makes an initial [a final] offer to a property owner to |
|
|
acquire real property, the entity must send by first-class mail or |
|
|
otherwise provide a landowner's bill of rights statement provided |
|
|
by Section 402.031, Government Code, to the last known address of |
|
|
the person in whose name the property is listed on the most recent |
|
|
tax roll of any appropriate taxing unit authorized by law to levy |
|
|
property taxes against the property. In addition to the other |
|
|
requirements of this subsection, an entity with eminent domain |
|
|
authority shall provide a copy of the landowner's bill of rights |
|
|
statement to a landowner before or at the same time as the entity |
|
|
first represents in any manner to the landowner that the entity |
|
|
possesses eminent domain authority. |
|
|
SECTION 4. Section 21.0113(b), Property Code, is amended to |
|
|
read as follows: |
|
|
(b) An entity with eminent domain authority has made a bona |
|
|
fide offer if: |
|
|
(1) an initial offer is made in writing to a property |
|
|
owner that includes: |
|
|
(A) a copy of the landowner's bill of rights |
|
|
statement prescribed by Section 402.031, Government Code, provided |
|
|
in accordance with Section 21.0112 and including the addendum |
|
|
prescribed by Section 402.031(c-1), Government Code, if |
|
|
applicable; |
|
|
(B) a statement, in bold print and a larger font |
|
|
than the other portions of the offer, indicating whether the |
|
|
compensation being offered includes: |
|
|
(i) damages to the remainder, if any, of the |
|
|
property owner's remaining property; or |
|
|
(ii) an appraisal of the property, |
|
|
including damages to the remainder, if any, prepared by a certified |
|
|
appraiser certified to practice as a certified general appraiser |
|
|
under Chapter 1103, Occupations Code; |
|
|
(C) an instrument of conveyance, provided that if |
|
|
the entity is a private entity as defined by Section 21.0114(a), the |
|
|
instrument must comply with Section 21.0114, as applicable, unless: |
|
|
(i) the entity has previously provided an |
|
|
instrument complying with Section 21.0114; |
|
|
(ii) the property owner desires to use an |
|
|
instrument different than one complying with Section 21.0114 and |
|
|
consents in writing to use a different instrument; or |
|
|
(iii) the property owner provided the |
|
|
entity with the instrument prior to the issuance of the initial |
|
|
offer; and |
|
|
(D) the name and telephone number of a |
|
|
representative of the entity who is: |
|
|
(i) an employee of the entity; |
|
|
(ii) an employee of an affiliate providing |
|
|
services on behalf of the entity; |
|
|
(iii) a legal representative of the entity; |
|
|
or |
|
|
(iv) if the entity does not have employees, |
|
|
an individual designated to represent the day-to-day operations of |
|
|
the entity; |
|
|
(2) a final offer is made in writing to the property |
|
|
owner; |
|
|
(3) the final offer is made on or after the 30th day |
|
|
after the date on which the entity makes a written initial offer to |
|
|
the property owner; |
|
|
(4) before making a final offer, the entity obtains a |
|
|
written appraisal from a certified appraiser of the value of the |
|
|
property being acquired and the damages, if any, to any of the |
|
|
property owner's remaining property; |
|
|
(5) the final offer is equal to or greater than the |
|
|
amount of the written appraisal obtained by the entity; |
|
|
(6) the following items are included with the final |
|
|
offer or have been previously provided to the owner by the entity: |
|
|
(A) a copy of the written appraisal; and |
|
|
(B) a copy of the deed, easement, or other |
|
|
instrument conveying the property sought to be acquired; and |
|
|
[(C) the landowner's bill of rights statement |
|
|
prescribed by Section 21.0112; and] |
|
|
(7) the entity provides the property owner with at |
|
|
least 14 days to respond to the final offer and the property owner |
|
|
does not agree to the terms of the final offer within that period. |
|
|
SECTION 5. Subchapter B, Chapter 21, Property Code, is |
|
|
amended by adding Section 21.0115 to read as follows: |
|
|
Sec. 21.0115. OFFER TO ACQUIRE ADDITIONAL PROPERTY; |
|
|
EXCEPTION. (a) Except as provided by Subsection (b), a condemning |
|
|
entity that makes an initial offer under Section 21.0113 that |
|
|
includes real property that the entity does not seek to acquire by |
|
|
condemnation shall in the initial offer: |
|
|
(1) separately identify the real property that the |
|
|
entity does not seek to acquire by condemnation; and |
|
|
(2) make an offer for the real property that the entity |
|
|
does not seek to acquire by condemnation separate from the offer |
|
|
made for the real property sought to be acquired by condemnation. |
|
|
(b) Subsection (a) does not apply to an acquisition of real |
|
|
property under Subchapter D, Chapter 203, Transportation Code. |
|
|
SECTION 6. The office of the attorney general shall make the |
|
|
landowner's bill of rights statement required by Section 402.031, |
|
|
Government Code, as amended by this Act, available on the attorney |
|
|
general's Internet website not later than January 1, 2024. |
|
|
SECTION 7. The changes in law made by this Act to Sections |
|
|
21.0112 and 21.0113, Property Code, apply only to the acquisition |
|
|
of real property in connection with an initial offer made under |
|
|
Section 21.0113, Property Code, on or after the effective date of |
|
|
this Act. The acquisition of real property in connection with an |
|
|
initial offer made under Section 21.0113, Property Code, before the |
|
|
effective date of this Act is governed by the law as it existed |
|
|
immediately before the effective date of this Act, and that law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 8. This Act takes effect January 1, 2024. |