Texas 2021 - 87th Regular

Texas Senate Bill SB723 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Schwertner, et al. S.B. No. 723
	2	+	(In the Senate - Filed February 22, 2021; March 11, 2021,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	April 14, 2021, reported favorably by the following vote: Yeas 9,
	5	+	Nays 0; April 14, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
4	9		A BILL TO BE ENTITLED
5	10		AN ACT
6	11		relating to certain requirements in connection with the acquisition
7	12		of real property for public use by an entity with eminent domain
8	13		authority.
9	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	15		SECTION 1. Section 402.031, Government Code, is amended by
11	16		amending Subsection (c) and adding Subsection (c-1) to read as
12	17		follows:
13	18		(c) The statement must include:
14	19		(1) the title, "Landowner's Bill of Rights"; and
15	20		(2) a description of:
16	21		(A) the condemnation procedure provided by
17	22		Chapter 21, Property Code;
18	23		(B) the condemning entity's obligations to the
19	24		property owner, including the responsibility for any damages
20	25		arising from an examination or survey of the property; [and]
21	26		(C) the property owner's options during a
22	27		condemnation, including the property owner's right to:
23	28		(i) refuse to grant permission to the
24	29		condemning entity to enter the property and conduct an examination
25	30		or survey of the property;
26	31		(ii) negotiate the terms of the examination
27	32		or survey of the property; and
28	33		(iii) object to and appeal an amount of
29	34		damages awarded; and
30	35		(D) the condemning entity's right to sue for a
31	36		court order authorizing the examination or survey if the property
32	37		owner refuses to grant permission for the examination or survey.
33	38		(c-1) The statement must disclose that a condemning entity,
34	39		other than an entity acquiring property as authorized under
35	40		Subchapter D, Chapter 203, Transportation Code, that makes an
36	41		initial offer under Section 21.0113, Property Code, that includes
37	42		real property that the entity does not seek to acquire by
38	43		condemnation shall in the initial offer:
39	44		(1) separately identify the real property that the
40	45		entity does not seek to acquire by condemnation; and
41	46		(2) make an offer for the real property that the entity
42	47		does not seek to acquire by condemnation separate from the offer
43	48		made for the real property sought to be acquired by condemnation.
44	49		SECTION 2. Subchapter B, Chapter 21, Property Code, is
45	50		amended by adding Section 21.01101 to read as follows:
46	51		Sec. 21.01101. SURVEY PERMISSION FORM. If an entity with
47	52		eminent domain authority provides a form to an owner of real
48	53		property requesting the owner's permission to enter the property to
49	54		examine the property or conduct a survey of the property in
50	55		connection with the potential acquisition of the property for a
51	56		public use, the form must conspicuously state that:
52	57		(1) the owner has a right to refuse to grant permission
53	58		to the entity to enter the property and conduct the examination or
54	59		survey;
55	60		(2) the entity has a right to sue for a court order
56	61		authorizing the entity to enter the property and conduct the
57	62		examination or survey if the owner refuses to grant the permission;
58	63		(3) the owner has a right to negotiate the terms of the
59	64		examination or survey of the property; and
60	65		(4) the entity has the responsibility for any damages
61	66		arising from an examination or survey of the property.
62	67		SECTION 3. Section 21.0112(a), Property Code, is amended to
63	68		read as follows:
64	69		(a) At the time [Not later than the seventh day before the
65	70		date] a governmental or private entity with eminent domain
66	71		authority makes an initial [a final] offer to a property owner to
67	72		acquire real property, the entity must send by first-class mail or
68	73		otherwise provide a landowner's bill of rights statement provided
69	74		by Section 402.031, Government Code, to the last known address of
70	75		the person in whose name the property is listed on the most recent
71	76		tax roll of any appropriate taxing unit authorized by law to levy
72	77		property taxes against the property. In addition to the other
73	78		requirements of this subsection, an entity with eminent domain
74	79		authority shall provide a copy of the landowner's bill of rights
75	80		statement to a landowner before or at the same time as the entity
76	81		first represents in any manner to the landowner that the entity
77	82		possesses eminent domain authority.
78	83		SECTION 4. Section 21.0113(b), Property Code, is amended to
79	84		read as follows:
80	85		(b) An entity with eminent domain authority has made a bona
81	86		fide offer if:
82	87		(1) an initial offer is made in writing to a property
83	88		owner;
84	89		(2) a landowner's bill of rights statement is provided
85	90		to the property owner in accordance with Section 21.0112(a);
86	91		(3) a final offer is made in writing to the property
87	92		owner;
88	93		(4) [(3)] the final offer is made on or after the 30th
89	94		day after the date on which the entity makes a written initial offer
90	95		to the property owner;
91	96		(5) [(4)] before making a final offer, the entity
92	97		obtains a written appraisal from a certified appraiser of the value
93	98		of the property being acquired and the damages, if any, to any of
94	99		the property owner's remaining property;
95	100		(6) [(5)] the final offer is equal to or greater than
96	101		the amount of the written appraisal obtained by the entity;
97	102		(7) [(6)] the following items are included with the
98	103		final offer or have been previously provided to the owner by the
99	104		entity:
100	105		(A) a copy of the written appraisal; and
101	106		(B) a copy of the deed, easement, or other
102	107		instrument conveying the property sought to be acquired; and
103	108		[(C) the landowner's bill of rights statement
104	109		prescribed by Section 21.0112; and]
105	110		(8) [(7)] the entity provides the property owner with
106	111		at least 14 days to respond to the final offer and the property
107	112		owner does not agree to the terms of the final offer within that
108	113		period.
109	114		SECTION 5. Subchapter B, Chapter 21, Property Code, is
110	115		amended by adding Section 21.0114 to read as follows:
111	116		Sec. 21.0114. OFFER TO ACQUIRE ADDITIONAL PROPERTY;
112	117		EXCEPTION. (a) Except as provided by Subsection (b), a condemning
113	118		entity that makes an initial offer under Section 21.0113 that
114	119		includes real property that the entity does not seek to acquire by
115	120		condemnation shall in the initial offer:
116	121		(1) separately identify the real property that the
117	122		entity does not seek to acquire by condemnation; and
118	123		(2) make an offer for the real property that the entity
119	124		does not seek to acquire by condemnation separate from the offer
120	125		made for the real property sought to be acquired by condemnation.
121	126		(b) Subsection (a) does not apply to an acquisition of real
122	127		property under Subchapter D, Chapter 203, Transportation Code.
123	128		SECTION 6. The office of the attorney general shall make the
124	129		landowner's bill of rights statement required by Section 402.031,
125	130		Government Code, as amended by this Act, available on the attorney
126	131		general's Internet website not later than January 1, 2022.
127	132		SECTION 7. The changes in law made by this Act to Sections
128	133		21.0112 and 21.0113, Property Code, apply only to the acquisition
129	134		of real property in connection with an initial offer made under
130	135		Section 21.0113, Property Code, on or after the effective date of
131	136		this Act. The acquisition of real property in connection with an
132	137		initial offer made under Section 21.0113, Property Code, before the
133	138		effective date of this Act is governed by the law as it existed
134	139		immediately before the effective date of this Act, and that law is
135	140		continued in effect for that purpose.
136	141		SECTION 8. This Act takes effect January 1, 2022.
	142	+	* * * * *