Texas 2019 86th Regular

Texas House Bill HB1919 Introduced / Bill

Filed 02/19/2019

                    86R9814 BEE-F
 By: Bailes H.B. No. 1919


 A BILL TO BE ENTITLED
 AN ACT
 relating to the right of property owners to file complaints against
 certain entities regulated by the Railroad Commission of Texas
 regarding alleged misconduct by the entities while exercising
 eminent domain authority.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 402.031(b), Government Code, is amended
 to read as follows:
 (b)  The landowner's bill of rights must notify each property
 owner that the property owner has the right to:
 (1)  notice of the proposed acquisition of the owner's
 property;
 (2)  a bona fide good faith effort to negotiate by the
 entity proposing to acquire the property;
 (3)  an assessment of damages to the owner that will
 result from the taking of the property;
 (4)  a hearing under Chapter 21, Property Code,
 including a hearing on the assessment of damages; [and]
 (5)  an appeal of a judgment in a condemnation
 proceeding, including an appeal of an assessment of damages; and
 (6)  if the entity proposing to acquire the owner's
 property is regulated by the Railroad Commission of Texas, file a
 written complaint with the commission regarding alleged misconduct
 by the entity while exercising the entity's eminent domain
 authority.
 SECTION 2.  Section 81.0591, Natural Resources Code, is
 amended by adding Subsection (d) to read as follows:
 (d)  If an entity that proposes to acquire property through
 the use of the entity's eminent domain authority under Chapter 21,
 Property Code, is regulated by the commission, the property owner
 may file a written complaint with the commission under this section
 regarding alleged misconduct by the entity while exercising that
 authority.
 SECTION 3.  The office of the attorney general shall make the
 landowner's bill of rights statement required by Section 402.031,
 Government Code, as amended by this Act, available on the attorney
 general's Internet website not later than January 1, 2020.
 SECTION 4.  This Act takes effect January 1, 2020.