Texas 2009 - 81st Regular

Texas House Bill HB1534 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5193 PMO-D
2	2	By: Burnam H.B. No. 1534
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the property valuation information required to be
8	8	provided regarding property to be acquired by eminent domain.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 21.011 and 21.0111, Property Code, are
11	11	amended to read as follows:
12	12	Sec. 21.011. STANDARD PROCEDURE. Exercise of the eminent
13	13	domain authority in all cases is governed by Sections 21.0111
14	14	[21.012] through 21.016 [of this code].
15	15	Sec. 21.0111. [DISCLOSURE OF] INFORMATION REQUIRED TO BE
16	16	PROVIDED. (a) This section applies only to:
17	17	(1) a governmental entity with eminent domain
18	18	authority that acquires property for public use; and
19	19	(2) a person with eminent domain authority that
20	20	produces, gathers, transports, distributes, or sells natural gas.
21	21	(a-1) A person to whom this section applies [A governmental
22	22	entity with eminent domain authority] that wants to use eminent
23	23	domain authority to acquire real property [for a public use] shall
24	24	provide, by certified mail, return receipt requested, [disclose] to
25	25	the property owner at the time an offer to purchase or lease the
26	26	property is made a copy of any and all existing appraisal reports
27	27	produced or acquired by the person [governmental entity] relating
28	28	specifically to the owner's property and used in determining the
29	29	final valuation offer.
30	30	(b) A property owner shall provide [disclose] to the
31	31	acquiring person a copy of [governmental entity] any and all
32	32	existing appraisal reports produced or acquired by the property
33	33	owner relating specifically to the owner's property and used in
34	34	determining the owner's opinion of value. The property owner [Such
35	35	disclosure] shall provide each copy [take place] within 10 days of
36	36	receipt of appraisal reports but no later than 10 days prior to the
37	37	special commissioner's hearing.
38	38	(c) The initial offer to purchase made by the acquiring
39	39	person must also include:
40	40	(1) a copy of this section;
41	41	(2) a written estimate of:
42	42	(A) the fair market value of the property the
43	43	acquiring person is offering to acquire or lease; and
44	44	(B) the amount of damages to the property owner's
45	45	remaining property, if any, that will result from the acquisition
46	46	or lease; and
47	47	(3) a statement that the property owner has a right to
48	48	make a written request to the acquiring person for:
49	49	(A) an appraisal of the property, at the
50	50	acquiring person's expense; and
51	51	(B) information described by Subsection (d)
52	52	regarding transactions involving the acquiring person for property
53	53	the acquiring person intends to use for a similar purpose.
54	54	(d) On a property owner's written request, the acquiring
55	55	person shall disclose each appraisal report completed, offer to
56	56	purchase or lease made, and negotiated purchase or lease price paid
57	57	by the acquiring person for property acquired or leased by the
58	58	acquiring person:
59	59	(1) for a purpose related to the purpose for which the
60	60	acquiring person seeks to acquire or lease the property owner's
61	61	property; and
62	62	(2) that is adjacent to the property owner's property.
63	63	(e) A subsequent bona fide purchaser for value from the
64	64	acquiring person [governmental entity] may conclusively presume
65	65	that the requirement of this section has been met. This section
66	66	does not apply to acquisitions of real property for which an
67	67	acquiring person [a governmental entity] does not have eminent
68	68	domain authority.
69	69	SECTION 2. This Act takes effect September 1, 2009.