| 2 | | - | (In the Senate - Filed January 26, 2017; February 13, 2017, |
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| 3 | | - | read first time and referred to Committee on State Affairs; |
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| 4 | | - | April 5, 2017, reported adversely, with favorable Committee |
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| 5 | | - | Substitute by the following vote: Yeas 9, Nays 0; April 5, 2017, |
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| 6 | | - | sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 627 By: Schwertner |
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| 9 | 2 | | |
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| 10 | 3 | | |
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| 11 | 4 | | A BILL TO BE ENTITLED |
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| 12 | 5 | | AN ACT |
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| 13 | 6 | | relating to notice of a property owner's rights relating to the |
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| 14 | 7 | | examination or survey of property by an entity with eminent domain |
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| 15 | 8 | | authority. |
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| 16 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 17 | 10 | | SECTION 1. Section 402.031(c), Government Code, is amended |
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| 18 | 11 | | to read as follows: |
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| 19 | 12 | | (c) The statement must include: |
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| 20 | 13 | | (1) the title, "Landowner's Bill of Rights"; and |
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| 21 | 14 | | (2) a description of: |
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| 22 | 15 | | (A) the condemnation procedure provided by |
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| 23 | 16 | | Chapter 21, Property Code; |
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| 24 | 17 | | (B) the condemning entity's obligations to the |
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| 25 | 18 | | property owner, including the responsibility for any actual damages |
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| 26 | 19 | | arising from an examination or survey of the property; [and] |
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| 27 | 20 | | (C) the property owner's options during a |
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| 28 | 21 | | condemnation, including the property owner's right to: |
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| 29 | 22 | | (i) seek to negotiate the terms of the |
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| 30 | 23 | | examination or survey of the property by the condemning entity; and |
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| 31 | 24 | | (ii) object to and appeal an amount of |
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| 32 | 25 | | damages awarded; and |
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| 33 | 26 | | (D) the condemning entity's right to sue for a |
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| 34 | 27 | | court order authorizing the examination or survey if the property |
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| 35 | 28 | | owner refuses to consent to the examination or survey. |
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| 36 | 29 | | SECTION 2. Subchapter B, Chapter 21, Property Code, is |
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| 37 | 30 | | amended by adding Section 21.01101 to read as follows: |
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| 38 | 31 | | Sec. 21.01101. SURVEY CONSENT FORM. If an entity with |
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| 39 | 32 | | eminent domain authority provides a form to an owner of real |
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| 40 | 33 | | property requesting the owner's consent to enter the property to |
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| 41 | 34 | | examine the property or conduct a survey of the property in |
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| 42 | 35 | | connection with the potential acquisition of the property for a |
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| 43 | 36 | | public use, the form must conspicuously state that: |
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| 44 | 37 | | (1) the owner has a right to seek to negotiate the |
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| 45 | 38 | | terms of the examination or survey of the property; |
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| 46 | 39 | | (2) the entity may sue for a court order authorizing |
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| 47 | 40 | | the entity to enter the property and conduct the examination or |
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| 48 | 41 | | survey if the owner refuses to consent to the examination or survey; |
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| 49 | 42 | | and |
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| 50 | 43 | | (3) the entity has the responsibility for any actual |
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| 51 | 44 | | damages arising from an examination or survey of the property. |
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| 52 | 45 | | SECTION 3. The office of the attorney general shall make the |
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| 53 | 46 | | landowner's bill of rights statement required by Section 402.031, |
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| 54 | 47 | | Government Code, as amended by this Act, available on the attorney |
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| 55 | 48 | | general's Internet website not later than January 1, 2018. |
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| 56 | 49 | | SECTION 4. This Act takes effect January 1, 2018. |
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