83R18384 AJA-F
By: Frank H.B. No. 1250
Substitute the following for H.B. No. 1250:
By: Springer C.S.H.B. No. 1250
A BILL TO BE ENTITLED
AN ACT
relating to the initial use of certain property acquired for a
public use.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 2206, Government Code, is
amended by adding Section 2206.003 to read as follows:
Sec. 2206.003. INITIAL USE OF ACQUIRED PROPERTY. (a)
Except as provided by this section, a real property interest
acquired through eminent domain must initially be used for the
public use for which the property was acquired.
(b) For purposes of this section, a real property interest
is acquired through eminent domain if the property is purchased by
an entity with eminent domain authority in connection with an offer
under Section 21.0113, Property Code.
(c) This section does not apply to a real property interest
acquired for the production, gathering, treating, processing,
transportation, or distribution of oil, gas, or other petroleum
products.
(d) A real property interest acquired through eminent
domain may be initially used for a use other than the use for which
the property was acquired if:
(1) the entity that acquired the property through
eminent domain offers to sell the property to the original owner or
the owner's heirs, successors, or assigns at the price for which the
property was acquired, and the original owner or the owner's heirs,
successors, or assigns do not purchase the property on or before the
180th day after the date notice of the offer is given as prescribed
by Subsection (f);
(2) the entity makes a good faith effort to locate and
provide notice to the original owner or the owner's heirs,
successors, or assigns as prescribed by Subsection (f), and the
owner or the owner's heirs, successors, or assigns cannot be
located after one year; or
(3) the entity obtains a release from the original
owner or the owner's heirs, successors, or assigns declining the
offer to sell the property and allowing the property to be used for
a use other than the use for which the property was acquired.
(e) The entity may pay compensation to obtain a release
described by Subsection (d)(3).
(f) For purposes of giving notice of an offer under
Subsection (d), the entity shall send by certified mail, return
receipt requested, to the original owner or the owner's heirs,
successors, or assigns a notice containing:
(1) an identification, which is not required to be a
legal description, of the real property interest that was acquired;
(2) an identification of the public use for which the
property had been acquired and a statement that the entity wishes to
initially use the property for a use other than the one for which
the property was acquired;
(3) a description of the rights of the original owner
or the owner's heirs, successors, or assigns under this section to
repurchase the property or be paid for a release;
(4) the amount for which the original owner or the
owner's heirs, successors, or assigns may repurchase the property;
and
(5) if applicable, the terms of the release the entity
is seeking from the original owner or the owner's heirs,
successors, or assigns.
SECTION 2. Subchapter B, Chapter 21, Property Code, is
amended by adding Section 21.0114 to read as follows:
Sec. 21.0114. PUBLIC USE DISCLOSURE IN OFFER. (a) Except
as provided by this section, an entity with eminent domain
authority that makes an offer under Section 21.0113 must state with
specificity in the initial and final offers the public use for which
the entity intends to acquire the property.
(b) This section does not apply to an offer made for a real
property interest intended to be acquired for the production,
gathering, treating, processing, transportation, or distribution
of oil, gas, or other petroleum products.
SECTION 3. (a) Section 2206.003, Government Code, as added
by this Act, applies only to a repurchase of a real property
interest acquired through eminent domain with respect to which the
initial offer under Section 21.0113, Property Code, is made on or
after the effective date of this Act.
(b) Section 21.0114, Property Code, as added by this Act,
applies only to an offer under Section 21.0113, Property Code, with
respect to which the initial offer is made on or after the effective
date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.