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A BILL TO BE ENTITLED
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AN ACT
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relating to the right to repurchase from a condemning entity |
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certain real property for which ad valorem taxes are delinquent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.101(a), Property Code, is amended to |
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read as follows: |
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(a) A person from whom a real property interest is acquired |
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by an entity through eminent domain for a public use, or that |
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person's heirs, successors, or assigns, is entitled to repurchase |
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the property as provided by this subchapter if: |
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(1) the public use for which the property was acquired |
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through eminent domain is canceled before the property is used for |
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that public use; |
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(2) no actual progress is made toward the public use |
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for which the property was acquired between the date of acquisition |
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and the 10th anniversary of that date; [or] |
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(3) the property becomes unnecessary for the public |
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use for which the property was acquired, or a substantially similar |
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public use, before the 10th anniversary of the date of acquisition; |
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or |
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(4) the entity that acquired the property through |
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eminent domain: |
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(A) has an obligation to pay ad valorem taxes on |
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the acquired property; and |
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(B) has failed to pay any ad valorem taxes on the |
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acquired property before the second anniversary of the date on |
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which the unpaid taxes became due. |
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SECTION 2. Section 21.102, Property Code, is amended to |
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read as follows: |
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Sec. 21.102. NOTICE TO PREVIOUS PROPERTY OWNER REQUIRED. |
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Not later than the 180th day after the date an entity that acquired |
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a real property interest through eminent domain determines that the |
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former property owner is entitled to repurchase the property under |
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Section 21.101, the entity shall send by certified mail, return |
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receipt requested, to the property owner or the owner's heirs, |
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successors, or assigns a notice containing: |
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(1) an identification, which is not required to be a |
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legal description, of the property that was acquired; |
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(2) an identification of the public use for which the |
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property had been acquired and a statement that: |
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(A) the public use was canceled before the |
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property was used for the public use; |
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(B) no actual progress was made toward the public |
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use; [or] |
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(C) the property became unnecessary for the |
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public use, or a substantially similar public use, before the 10th |
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anniversary of the date of acquisition; or |
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(D) ad valorem taxes due on the property have not |
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been paid by the entity before the second anniversary of the date on |
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which the taxes became due; and |
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(3) a description of the person's right under this |
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subchapter to repurchase the property. |
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SECTION 3. Section 21.1021, Property Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) If a property owner's real property was acquired by an |
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entity that is responsible for paying ad valorem taxes on the |
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acquired property, the property owner from whom the property was |
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acquired or the owner's heirs, successors, or assigns may request |
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at any time after the 18-month anniversary of the acquisition, but |
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not more than once annually, that the condemning entity make a |
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determination and provide a statement and other relevant |
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information regarding: |
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(1) whether all ad valorem taxes on the acquired |
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property have been paid; or |
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(2) if any ad valorem taxes on the acquired property |
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have not been paid: |
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(A) the amount of the unpaid ad valorem taxes; |
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(B) each due date of any unpaid ad valorem taxes; |
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and |
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(C) whether the entity has a good faith intention |
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to pay the unpaid ad valorem taxes. |
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SECTION 4. Section 21.103, Property Code, is amended to |
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read as follows: |
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Sec. 21.103. RESALE OF PROPERTY; PRICE. (a) Not later than |
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the 180th day after the date of the postmark on a notice sent under |
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Section 21.102 or a response to a request made under Section 21.1021 |
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that indicates that the property owner, or the owner's heirs, |
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successors, or assigns, is entitled to repurchase the property |
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interest in accordance with Section 21.101, the property owner or |
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the owner's heirs, successors, or assigns must notify the entity of |
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the person's intent to repurchase the property interest under this |
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subchapter. |
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(a-1) Notwithstanding Subsection (a), a person entitled to |
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repurchase real property under Section 21.101(a)(4) may inform the |
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entity that acquired the property of the person's intent to |
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repurchase the property before notice or information is required or |
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provided under Section 21.102 or 21.1021. |
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(b) As soon as practicable after receipt of a notice of |
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intent to repurchase under this section [Subsection (a)], the |
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entity shall offer to sell the property interest to the person for |
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the price paid to the owner by the entity at the time the entity |
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acquired the property through eminent domain. The person's right |
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to repurchase the property expires on the 90th day after the date on |
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which the entity makes the offer. |
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SECTION 5. Subchapter E, Chapter 21, Property Code, as |
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amended by this Act, applies only to a condemnation proceeding in |
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which the petition is filed on or after the effective date of this |
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Act and to any property condemned through the proceeding. A |
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condemnation proceeding in which the petition is filed before the |
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effective date of this Act and any property condemned through the |
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proceeding are governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 6. This Act takes effect September 1, 2025. |