By: Schwertner, et al. S.B. No. 553
A BILL TO BE ENTITLED
AN ACT
relating to the acquisition of certain real property in conjunction
with the acquisition of real property for a public use through
eminent domain procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 402.031, Government Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The statement must disclose that a condemning entity,
other than an entity acquiring property as authorized under
Subchapter D, Chapter 203, Transportation Code, that makes an
initial offer under Section 21.0113, Property Code, that includes
real property that the entity does not seek to acquire by
condemnation shall in the initial offer:
(1) separately identify the real property that the
entity does not seek to acquire by condemnation; and
(2) make an offer for the real property that the entity
does not seek to acquire by condemnation separate from the offer
made for the real property sought to be acquired by condemnation.
SECTION 2. Subchapter B, Chapter 21, Property Code, is
amended by adding Section 21.0114 to read as follows:
Sec. 21.0114. OFFER TO ACQUIRE ADDITIONAL PROPERTY;
EXCEPTION. (a) Except as provided by Subsection (b), a condemning
entity that makes an initial offer under Section 21.0113 that
includes real property that the entity does not seek to acquire by
condemnation shall in the initial offer:
(1) separately identify the real property that the
entity does not seek to acquire by condemnation; and
(2) make an offer for the real property that the entity
does not seek to acquire by condemnation separate from the offer
made for the real property sought to be acquired by condemnation.
(b) Subsection (a) does not apply to an acquisition of real
property under Subchapter D, Chapter 203, Transportation Code.
SECTION 3. This Act takes effect September 1, 2019.