| 1 | 1 | | 86R3192 NC-D |
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| 2 | 2 | | By: Ashby H.B. No. 1245 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to notice of a property owner's rights relating to the |
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| 8 | 8 | | examination or survey of property by an entity with eminent domain |
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| 9 | 9 | | authority. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 402.031(c), Government Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (c) The statement must include: |
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| 14 | 14 | | (1) the title, "Landowner's Bill of Rights"; and |
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| 15 | 15 | | (2) a description of: |
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| 16 | 16 | | (A) the condemnation procedure provided by |
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| 17 | 17 | | Chapter 21, Property Code; |
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| 18 | 18 | | (B) the condemning entity's obligations to the |
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| 19 | 19 | | property owner, including the responsibility for any damages |
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| 20 | 20 | | arising from an examination or survey of the property; [and] |
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| 21 | 21 | | (C) the property owner's options during a |
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| 22 | 22 | | condemnation, including the property owner's right to: |
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| 23 | 23 | | (i) refuse to grant permission to the |
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| 24 | 24 | | condemning entity to enter the property and conduct an examination |
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| 25 | 25 | | or survey of the property; |
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| 26 | 26 | | (ii) negotiate the terms of the examination |
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| 27 | 27 | | or survey of the property; and |
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| 28 | 28 | | (iii) object to and appeal an amount of |
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| 29 | 29 | | damages awarded; and |
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| 30 | 30 | | (D) the condemning entity's right to sue for a |
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| 31 | 31 | | court order authorizing the examination or survey if the property |
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| 32 | 32 | | owner refuses to grant permission for the examination or survey. |
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| 33 | 33 | | SECTION 2. Subchapter B, Chapter 21, Property Code, is |
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| 34 | 34 | | amended by adding Section 21.01101 to read as follows: |
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| 35 | 35 | | Sec. 21.01101. SURVEY PERMISSION FORM. If an entity with |
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| 36 | 36 | | eminent domain authority provides a form to an owner of real |
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| 37 | 37 | | property requesting the owner's permission to enter the property to |
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| 38 | 38 | | examine the property or conduct a survey of the property in |
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| 39 | 39 | | connection with the potential acquisition of the property for a |
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| 40 | 40 | | public use, the form must conspicuously state that: |
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| 41 | 41 | | (1) the owner has a right to refuse to grant permission |
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| 42 | 42 | | to the entity to enter the property and conduct the examination or |
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| 43 | 43 | | survey; |
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| 44 | 44 | | (2) the entity has a right to sue for a court order |
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| 45 | 45 | | authorizing the entity to enter the property and conduct the |
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| 46 | 46 | | examination or survey if the owner refuses to grant the permission; |
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| 47 | 47 | | (3) the owner has a right to negotiate the terms of the |
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| 48 | 48 | | examination or survey of the property; and |
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| 49 | 49 | | (4) the entity has the responsibility for any damages |
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| 50 | 50 | | arising from an examination or survey of the property. |
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| 51 | 51 | | SECTION 3. The office of the attorney general shall make the |
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| 52 | 52 | | landowner's bill of rights statement required by Section 402.031, |
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| 53 | 53 | | Government Code, as amended by this Act, available on the attorney |
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| 54 | 54 | | general's Internet website not later than January 1, 2020. |
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| 55 | 55 | | SECTION 4. This Act takes effect January 1, 2020. |
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