| 2 | + | (In the Senate - Filed January 31, 2019; February 21, 2019, |
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| 3 | + | read first time and referred to Committee on State Affairs; |
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| 4 | + | March 13, 2019, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 9, Nays 0; March 13, 2019, |
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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. 553 By: Nelson |
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| 2 | 9 | | |
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| 3 | 10 | | |
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| 4 | 11 | | A BILL TO BE ENTITLED |
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| 5 | 12 | | AN ACT |
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| 6 | 13 | | relating to the acquisition of certain real property in conjunction |
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| 7 | 14 | | with the acquisition of real property for a public use through |
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| 8 | 15 | | eminent domain procedures. |
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| 9 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 17 | | SECTION 1. Section 402.031, Government Code, is amended by |
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| 11 | 18 | | adding Subsection (c-1) to read as follows: |
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| 12 | 19 | | (c-1) The statement must disclose that a condemning entity, |
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| 13 | 20 | | other than an entity acquiring property as authorized under |
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| 14 | 21 | | Subchapter D, Chapter 203, Transportation Code, that makes an |
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| 15 | 22 | | initial offer under Section 21.0113, Property Code, that includes |
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| 16 | 23 | | real property that the entity does not seek to acquire by |
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| 17 | 24 | | condemnation shall in the initial offer: |
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| 18 | 25 | | (1) separately identify the real property that the |
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| 19 | 26 | | entity does not seek to acquire by condemnation; and |
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| 20 | 27 | | (2) make an offer for the real property that the entity |
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| 21 | 28 | | does not seek to acquire by condemnation separate from the offer |
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| 22 | 29 | | made for the real property sought to be acquired by condemnation. |
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| 23 | 30 | | SECTION 2. Subchapter B, Chapter 21, Property Code, is |
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| 24 | 31 | | amended by adding Section 21.0114 to read as follows: |
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| 25 | 32 | | Sec. 21.0114. OFFER TO ACQUIRE ADDITIONAL PROPERTY; |
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| 26 | 33 | | EXCEPTION. (a) Except as provided by Subsection (b), a condemning |
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| 27 | 34 | | entity that makes an initial offer under Section 21.0113 that |
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| 28 | 35 | | includes real property that the entity does not seek to acquire by |
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| 29 | 36 | | condemnation shall in the initial offer: |
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| 30 | 37 | | (1) separately identify the real property that the |
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| 31 | 38 | | entity does not seek to acquire by condemnation; and |
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| 32 | 39 | | (2) make an offer for the real property that the entity |
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| 33 | 40 | | does not seek to acquire by condemnation separate from the offer |
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| 34 | 41 | | made for the real property sought to be acquired by condemnation. |
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| 35 | 42 | | (b) Subsection (a) does not apply to an acquisition of real |
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| 36 | 43 | | property under Subchapter D, Chapter 203, Transportation Code. |
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| 37 | 44 | | SECTION 3. This Act takes effect September 1, 2019. |
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