Texas 2013 - 83rd Regular

Texas House Bill HB1250 Compare Versions

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Old	New	Differences
1	1	83R18384 AJA-F
2	2	By: Frank H.B. No. 1250
3	3	Substitute the following for H.B. No. 1250:
4	4	By: Springer C.S.H.B. No. 1250
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the initial use of certain property acquired for a
10	10	public use.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 2206, Government Code, is
13	13	amended by adding Section 2206.003 to read as follows:
14	14	Sec. 2206.003. INITIAL USE OF ACQUIRED PROPERTY. (a)
15	15	Except as provided by this section, a real property interest
16	16	acquired through eminent domain must initially be used for the
17	17	public use for which the property was acquired.
18	18	(b) For purposes of this section, a real property interest
19	19	is acquired through eminent domain if the property is purchased by
20	20	an entity with eminent domain authority in connection with an offer
21	21	under Section 21.0113, Property Code.
22	22	(c) This section does not apply to a real property interest
23	23	acquired for the production, gathering, treating, processing,
24	24	transportation, or distribution of oil, gas, or other petroleum
25	25	products.
26	26	(d) A real property interest acquired through eminent
27	27	domain may be initially used for a use other than the use for which
28	28	the property was acquired if:
29	29	(1) the entity that acquired the property through
30	30	eminent domain offers to sell the property to the original owner or
31	31	the owner's heirs, successors, or assigns at the price for which the
32	32	property was acquired, and the original owner or the owner's heirs,
33	33	successors, or assigns do not purchase the property on or before the
34	34	180th day after the date notice of the offer is given as prescribed
35	35	by Subsection (f);
36	36	(2) the entity makes a good faith effort to locate and
37	37	provide notice to the original owner or the owner's heirs,
38	38	successors, or assigns as prescribed by Subsection (f), and the
39	39	owner or the owner's heirs, successors, or assigns cannot be
40	40	located after one year; or
41	41	(3) the entity obtains a release from the original
42	42	owner or the owner's heirs, successors, or assigns declining the
43	43	offer to sell the property and allowing the property to be used for
44	44	a use other than the use for which the property was acquired.
45	45	(e) The entity may pay compensation to obtain a release
46	46	described by Subsection (d)(3).
47	47	(f) For purposes of giving notice of an offer under
48	48	Subsection (d), the entity shall send by certified mail, return
49	49	receipt requested, to the original owner or the owner's heirs,
50	50	successors, or assigns a notice containing:
51	51	(1) an identification, which is not required to be a
52	52	legal description, of the real property interest that was acquired;
53	53	(2) an identification of the public use for which the
54	54	property had been acquired and a statement that the entity wishes to
55	55	initially use the property for a use other than the one for which
56	56	the property was acquired;
57	57	(3) a description of the rights of the original owner
58	58	or the owner's heirs, successors, or assigns under this section to
59	59	repurchase the property or be paid for a release;
60	60	(4) the amount for which the original owner or the
61	61	owner's heirs, successors, or assigns may repurchase the property;
62	62	and
63	63	(5) if applicable, the terms of the release the entity
64	64	is seeking from the original owner or the owner's heirs,
65	65	successors, or assigns.
66	66	SECTION 2. Subchapter B, Chapter 21, Property Code, is
67	67	amended by adding Section 21.0114 to read as follows:
68	68	Sec. 21.0114. PUBLIC USE DISCLOSURE IN OFFER. (a) Except
69	69	as provided by this section, an entity with eminent domain
70	70	authority that makes an offer under Section 21.0113 must state with
71	71	specificity in the initial and final offers the public use for which
72	72	the entity intends to acquire the property.
73	73	(b) This section does not apply to an offer made for a real
74	74	property interest intended to be acquired for the production,
75	75	gathering, treating, processing, transportation, or distribution
76	76	of oil, gas, or other petroleum products.
77	77	SECTION 3. (a) Section 2206.003, Government Code, as added
78	78	by this Act, applies only to a repurchase of a real property
79	79	interest acquired through eminent domain with respect to which the
80	80	initial offer under Section 21.0113, Property Code, is made on or
81	81	after the effective date of this Act.
82	82	(b) Section 21.0114, Property Code, as added by this Act,
83	83	applies only to an offer under Section 21.0113, Property Code, with
84	84	respect to which the initial offer is made on or after the effective
85	85	date of this Act.
86	86	SECTION 4. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2013.