| 1 | 1 | | H.B. No. 2685 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the landowner's bill of rights. |
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| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 7 | | SECTION 1. Section 21.0112(a), Property Code, is amended to |
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| 8 | 8 | | read as follows: |
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| 9 | 9 | | (a) Not later than the seventh day before the date [Before] |
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| 10 | 10 | | a governmental or private entity with eminent domain authority |
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| 11 | 11 | | makes a final offer to [begins negotiating with] a property owner to |
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| 12 | 12 | | acquire real property, the entity must send by first-class mail or |
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| 13 | 13 | | otherwise provide a landowner's bill of rights statement provided |
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| 14 | 14 | | by Section 402.031, Government Code, to the last known address of |
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| 15 | 15 | | the person in whose name the property is listed on the most recent |
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| 16 | 16 | | tax roll of any appropriate taxing unit authorized by law to levy |
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| 17 | 17 | | property taxes against the property. In addition to the other |
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| 18 | 18 | | requirements of this subsection, an entity with eminent domain |
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| 19 | 19 | | authority shall provide a copy of the landowner's bill of rights |
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| 20 | 20 | | statement to a landowner before or at the same time as the entity |
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| 21 | 21 | | first represents in any manner to the landowner that the entity |
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| 22 | 22 | | possesses eminent domain authority. |
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| 23 | 23 | | SECTION 2. As soon as practicable after the effective date |
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| 24 | 24 | | of this Act, the attorney general's office shall prepare a new |
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| 25 | 25 | | landowner's bill of rights statement under Section 402.031, |
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| 26 | 26 | | Government Code, as added by Chapter 1201 (H.B. 1495), Acts of the |
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| 27 | 27 | | 80th Legislature, Regular Session, 2007, to incorporate the general |
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| 28 | 28 | | law changes made by the 81st Legislature and any constitutional |
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| 29 | 29 | | amendments proposed by the 81st Legislature and approved by the |
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| 30 | 30 | | voters. The attorney general's office shall consult with |
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| 31 | 31 | | stakeholders regarding the draft of the statement. The statement |
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| 32 | 32 | | shall be drafted in plain language. |
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| 33 | 33 | | SECTION 3. This Act takes effect January 15, 2010. |
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| 34 | 34 | | ______________________________ ______________________________ |
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| 35 | 35 | | President of the Senate Speaker of the House |
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| 36 | 36 | | I certify that H.B. No. 2685 was passed by the House on May 5, |
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| 37 | 37 | | 2009, by the following vote: Yeas 144, Nays 0, 2 present, not |
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| 38 | 38 | | voting. |
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| 39 | 39 | | ______________________________ |
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| 40 | 40 | | Chief Clerk of the House |
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| 41 | 41 | | I certify that H.B. No. 2685 was passed by the Senate on May |
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| 42 | 42 | | 25, 2009, by the following vote: Yeas 31, Nays 0. |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Secretary of the Senate |
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| 45 | 45 | | APPROVED: _____________________ |
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| 46 | 46 | | Date |
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| 47 | 47 | | _____________________ |
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| 48 | 48 | | Governor |
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