TX
Texas House Bill HB4186

Texas 2021 - 87th Regular

Texas House Bill HB4186 Compare Versions

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1-87R19177 BEE-F
21 By: González of El Paso H.B. No. 4186
3- Substitute the following for H.B. No. 4186:
4- By: Leman C.S.H.B. No. 4186
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
9- relating to a written appraisal required for a bona fide offer to
10- acquire real property by an entity with eminent domain authority.
6+ relating to the license of certain appraisers when making an offer
7+ for real property.
118 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12- SECTION 1. Section 21.0113(b), Property Code, is amended to
13- read as follows:
14- (b) An entity with eminent domain authority has made a bona
15- fide offer if:
16- (1) an initial offer is made in writing to a property
17- owner;
18- (2) a final offer is made in writing to the property
19- owner;
20- (3) the final offer is made on or after the 30th day
21- after the date on which the entity makes a written initial offer to
22- the property owner;
9+ SECTION 1. Section 21.0113, Property Code, is amended by
10+ amending subdivision (4) to read as follows:
2311 (4) before making a final offer, the entity obtains a
24- written appraisal from a certified appraiser as defined by Section
25- 1103.003, Occupations Code, of the value of the property being
26- acquired and the damages, if any, to any of the property owner's
27- remaining property;
28- (5) the final offer is equal to or greater than the
29- amount of the written appraisal obtained by the entity;
30- (6) the following items are included with the final
31- offer or have been previously provided to the owner by the entity:
32- (A) a copy of the written appraisal;
33- (B) a copy of the deed, easement, or other
34- instrument conveying the property sought to be acquired; and
35- (C) the landowner's bill of rights statement
36- prescribed by Section 21.0112; and
37- (7) the entity provides the property owner with at
38- least 14 days to respond to the final offer and the property owner
39- does not agree to the terms of the final offer within that period.
40- SECTION 2. The change in law made by this Act applies only
41- to the acquisition of real property in connection with a final offer
42- made under Chapter 21, Property Code, on or after the effective date
43- of this Act. An acquisition of real property in connection with a
44- final offer made under Chapter 21, Property Code, before the
45- effective date of this Act is governed by the law applicable to the
46- acquisition immediately before the effective date of this Act, and
47- that law is continued in effect for that purpose.
48- SECTION 3. This Act takes effect September 1, 2021.
12+ written appraisal from a certified appraiser, of the value of the
13+ property being acquired and the damages, if any, to any of the
14+ property owner's remaining property. An offer must be written by a
15+ certified appraiser licensed under Chapter 1103, Occupations Code;
16+ SECTION 2. This Act takes effect September 1, 2021.