By: Zaffirini S.B. No. 1784
A BILL TO BE ENTITLED
AN ACT
relating to establishing the Texas Landowner Ombudsman office in
the General Land Office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 31, Natural Resources Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. TEXAS LANDOWNER OMBUDSMAN OFFICE
Sec. 31.501. DEFINITIONS. In this subchapter:
(1) "Office" means the landowner ombudsman office
created under this subchapter.
(2) "Ombudsman" means the individual who has been
appointed under this subchapter as the landowner ombudsman.
Sec. 31.502. ESTABLISHMENT; PURPOSE. The commissioner
shall establish a landowner ombudsman office within the General
Land Office for the purpose of protecting and promoting the rights
of landowners.
Sec. 31.503. INDEPENDENCE. The ombudsman in the
performance of the ombudsman's duties and powers under this
subchapter acts independently of the commissioner and any other
state official.
Sec. 31.504. QUALIFICATION; APPOINTMENT; TERM. (a) The
ombudsman must be an attorney with expertise in property law.
(b) The governor shall appoint the ombudsman for a term of
two years.
(c) An ombudsman may not serve more than three terms in that
capacity.
Sec. 31.505. RULES. The ombudsman shall adopt rules to
implement this subchapter.
Sec. 31.506. PROMOTION OF AWARENESS OF OFFICE. The
ombudsman shall promote awareness to the public of:
(1) how the office may be contacted;
(2) the purpose of the office; and
(3) the services the office provides.
Sec. 31.507. DUTIES AND POWERS OF OFFICE. The office shall:
(1) develop and maintain legal expertise regarding
landowners' property rights relating to:
(A) the taking of property by a governmental or
private entity through the use of the entity's eminent domain
authority;
(B) surface ownership and mineral ownership;
(C) surface water and groundwater;
(D) environmental regulation;
(E) land use and enjoyment;
(F) trespass; and
(G) ingress and egress;
(2) review complaints and inquiries from landowners
regarding property rights;
(3) advise landowners on issues involving property
rights and of the services available from governmental agencies and
other entities that may be of further assistance;
(4) provide information to the public and governmental
entities about property rights and responsibilities under the law
through seminars, publications, or other appropriate means; and
(5) record all contacts by landowners with regard to
property rights to determine general concerns of landowners.
Sec. 31.512. REPORT. On or before January 1 of each year,
the ombudsman shall submit to the governor, the lieutenant
governor, and each member of the legislature a report that
describes, for the one-year period preceding the report:
(1) the activities of the ombudsman;
(2) the types of and number of complaints and
inquiries submitted to the ombudsman;
(3) any recommendation the ombudsman has relating to
the office; and
(4) any legislative proposals relating to landowners'
property rights.
SECTION 2. Not later than January 1, 2014, the land
commissioner of the General Land Office shall establish the
property rights ombudsman office under Subchapter J, Chapter 31,
Natural Resources Code, as added by this Act, and the governor shall
appoint the property rights ombudsman.
SECTION 3. 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.