| 1 | 1 | | 86R9814 BEE-F |
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| 2 | 2 | | By: Bailes H.B. No. 1919 |
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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 the right of property owners to file complaints against |
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| 8 | 8 | | certain entities regulated by the Railroad Commission of Texas |
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| 9 | 9 | | regarding alleged misconduct by the entities while exercising |
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| 10 | 10 | | eminent domain authority. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 402.031(b), Government Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | (b) The landowner's bill of rights must notify each property |
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| 15 | 15 | | owner that the property owner has the right to: |
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| 16 | 16 | | (1) notice of the proposed acquisition of the owner's |
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| 17 | 17 | | property; |
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| 18 | 18 | | (2) a bona fide good faith effort to negotiate by the |
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| 19 | 19 | | entity proposing to acquire the property; |
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| 20 | 20 | | (3) an assessment of damages to the owner that will |
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| 21 | 21 | | result from the taking of the property; |
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| 22 | 22 | | (4) a hearing under Chapter 21, Property Code, |
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| 23 | 23 | | including a hearing on the assessment of damages; [and] |
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| 24 | 24 | | (5) an appeal of a judgment in a condemnation |
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| 25 | 25 | | proceeding, including an appeal of an assessment of damages; and |
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| 26 | 26 | | (6) if the entity proposing to acquire the owner's |
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| 27 | 27 | | property is regulated by the Railroad Commission of Texas, file a |
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| 28 | 28 | | written complaint with the commission regarding alleged misconduct |
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| 29 | 29 | | by the entity while exercising the entity's eminent domain |
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| 30 | 30 | | authority. |
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| 31 | 31 | | SECTION 2. Section 81.0591, Natural Resources Code, is |
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| 32 | 32 | | amended by adding Subsection (d) to read as follows: |
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| 33 | 33 | | (d) If an entity that proposes to acquire property through |
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| 34 | 34 | | the use of the entity's eminent domain authority under Chapter 21, |
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| 35 | 35 | | Property Code, is regulated by the commission, the property owner |
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| 36 | 36 | | may file a written complaint with the commission under this section |
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| 37 | 37 | | regarding alleged misconduct by the entity while exercising that |
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| 38 | 38 | | authority. |
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| 39 | 39 | | SECTION 3. The office of the attorney general shall make the |
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| 40 | 40 | | landowner's bill of rights statement required by Section 402.031, |
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| 41 | 41 | | Government Code, as amended by this Act, available on the attorney |
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| 42 | 42 | | general's Internet website not later than January 1, 2020. |
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| 43 | 43 | | SECTION 4. This Act takes effect January 1, 2020. |
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