H.B. No. 2685
AN ACT
relating to the landowner's bill of rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.0112(a), Property Code, is amended to
read as follows:
(a) Not later than the seventh day before the date [Before]
a governmental or private entity with eminent domain authority
makes a final offer to [begins negotiating with] 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 2. As soon as practicable after the effective date
of this Act, the attorney general's office shall prepare a new
landowner's bill of rights statement under Section 402.031,
Government Code, as added by Chapter 1201 (H.B. 1495), Acts of the
80th Legislature, Regular Session, 2007, to incorporate the general
law changes made by the 81st Legislature and any constitutional
amendments proposed by the 81st Legislature and approved by the
voters. The attorney general's office shall consult with
stakeholders regarding the draft of the statement. The statement
shall be drafted in plain language.
SECTION 3. This Act takes effect January 15, 2010.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2685 was passed by the House on May 5,
2009, by the following vote: Yeas 144, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2685 was passed by the Senate on May
25, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor