Texas 2019 - 86th Regular

Texas House Bill HB991

Caption

Relating to the acquisition of real property by an entity with eminent domain authority.

Impact

The bill amends various sections of the Texas Property Code, notably enhancing the rights of property owners during condemnation proceedings. One significant change involves mandatory public meetings prior to acquisition attempts, which will require private entities to disclose their intentions and justification for property acquisition. This addition aims to foster transparency in the process, allowing property owners and the public the opportunity to address concerns before any formal actions are taken. Furthermore, the bill details additional financial penalties for entities if the compensation awarded exceeds their initial offer by substantial margins, thereby providing further financial incentive for these entities to offer fair compensation upfront.

Summary

House Bill 991 pertains to the acquisition of real property by entities with the authority to exercise eminent domain. The bill aims to ensure that private entities, which may seek to use eminent domain for public ventures, comply with specific regulations regarding property acquisition. Notably, it introduces clearer requirements for initial offers made by these entities, mandating transparency concerning the compensation being offered, alongside details regarding potential damages to the property in question. This legislative measure intends to protect property owners by requiring that any initial offer includes a detailed account of the terms, conditions, and compensation, thus aiming to mitigate disputes over property valuation and offers.

Contention

Despite its protective intentions, HB 991 has prompted discussions surrounding the balance between protecting property rights and the needs of the public. Some stakeholders express concerns that while the bill mandates transparency and fair compensation, it may inadvertently create barriers for timely project implementation by private entities that are vital for public infrastructure and utility. Critics argue that stringent requirements could delay projects that have crucial benefits for the community, such as energy infrastructure or public utility expansions, thereby highlighting an ongoing tension between property rights and public utility improvement initiatives. Additionally, there are perspectives that the bill may not do enough to safeguard against possible misuse of eminent domain powers by private entities.

Companion Bills

TX SB421

Same As Relating to the acquisition of real property by an entity with eminent domain authority.

Similar Bills

TX SB1009

Relating to the adoption of the Uniform Easement Relocation Act.

TX SB421

Relating to the acquisition of real property by an entity with eminent domain authority.

AR HB1408

To Create The Uniform Easement Relocation Act.

TX SB986

Relating to the acquisition of real property by an entity with eminent domain authority.

TX HB5245

Relating to the acquisition of real property by a private entity with eminent domain authority.

TX HB1211

Relating to the acquisition of, and the construction of improvements to, real property.

TX HB2730

Relating to the acquisition of real property by an entity with eminent domain authority and the regulation of easement or right-of-way agents.

TX HB902

Relating to the acquisition of real property by an entity with eminent domain authority; requiring an occupational license; authorizing a fee; providing a civil penalty; imposing a criminal penalty.