| 1 | 1 | | 88R4332 SHH-D |
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| 2 | 2 | | By: Moody H.B. No. 2628 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the resale price of real property repurchased from a |
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| 8 | 8 | | condemning entity by a previous owner or the owner's heirs, |
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| 9 | 9 | | successors, or assigns. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 21.103, Property Code, is amended by |
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| 12 | 12 | | amending Subsection (b) and adding Subsections (c) and (d) to read |
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| 13 | 13 | | as follows: |
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| 14 | 14 | | (b) As soon as practicable after receipt of a notice of |
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| 15 | 15 | | intent to repurchase under Subsection (a), the entity shall offer |
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| 16 | 16 | | to sell the property interest to the person for the amount the |
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| 17 | 17 | | entity was ordered to pay the owner for the property interest in the |
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| 18 | 18 | | final judgment in the condemnation proceeding through which the |
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| 19 | 19 | | entity acquired the property interest [price paid to the owner by |
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| 20 | 20 | | the entity at the time the entity acquired the property through |
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| 21 | 21 | | eminent domain]. |
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| 22 | 22 | | (c) The amount of an entity's offer to sell under Subsection |
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| 23 | 23 | | (b) may not include any amount: |
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| 24 | 24 | | (1) awarded by the court and paid by the entity to the |
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| 25 | 25 | | property owner: |
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| 26 | 26 | | (A) as costs or fees under Section 21.047; |
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| 27 | 27 | | (B) for damages to the property resulting from |
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| 28 | 28 | | the entity's temporary possession of the property under Section |
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| 29 | 29 | | 21.044; or |
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| 30 | 30 | | (C) to account for, if applicable: |
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| 31 | 31 | | (i) the effect of the condemnation of the |
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| 32 | 32 | | property interest on the value of the property owner's remaining |
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| 33 | 33 | | property, as described by Section 21.042(c); or |
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| 34 | 34 | | (ii) the market value of groundwater rights |
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| 35 | 35 | | as property apart from the property owner's other real property at |
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| 36 | 36 | | the time of the hearing, as described by Section 21.0421(c)(2); |
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| 37 | 37 | | (2) expressly paid or reasonably understood to have |
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| 38 | 38 | | been paid by the entity to the property owner as consideration to |
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| 39 | 39 | | avoid litigation by the property owner; or |
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| 40 | 40 | | (3) otherwise paid by the entity to the property owner |
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| 41 | 41 | | for a purpose other than to compensate the owner for the value of |
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| 42 | 42 | | the interest acquired. |
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| 43 | 43 | | (d) The person's right to repurchase the property expires on |
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| 44 | 44 | | the 90th day after the date on which the entity makes the offer. |
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| 45 | 45 | | SECTION 2. (a) A person entitled to repurchase a property |
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| 46 | 46 | | interest under Subchapter E, Chapter 21, Property Code, who gave a |
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| 47 | 47 | | notice of intent to repurchase the property interest under Section |
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| 48 | 48 | | 21.103(a), Property Code, before the effective date of this Act is |
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| 49 | 49 | | entitled to repurchase the property interest for an amount that |
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| 50 | 50 | | does not exceed the amount described by Section 21.103(b), Property |
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| 51 | 51 | | Code, as amended by this Act, regardless of whether the person |
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| 52 | 52 | | received or accepted an offer made under that section before the |
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| 53 | 53 | | effective date of this Act, if the repurchase of the property |
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| 54 | 54 | | interest was not completed before the effective date of this Act. |
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| 55 | 55 | | (b) Except as provided by Subsection (c) of this section, as |
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| 56 | 56 | | soon as practicable after the effective date of this Act, an entity |
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| 57 | 57 | | that has made or is required to make an offer under Section 21.103, |
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| 58 | 58 | | Property Code, to a person described by Subsection (a) of this |
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| 59 | 59 | | section shall make an offer to sell the property interest to the |
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| 60 | 60 | | person at the amount described by Section 21.103(b), Property Code, |
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| 61 | 61 | | as amended by this Act. The person's right to repurchase the |
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| 62 | 62 | | property interest expires on the 90th day after the date on which |
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| 63 | 63 | | the entity makes the offer under this subsection. |
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| 64 | 64 | | (c) An entity is not required to make an offer under |
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| 65 | 65 | | Subsection (b) of this section if, before the effective date of this |
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| 66 | 66 | | Act, the entity made an offer to sell the property interest to the |
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| 67 | 67 | | person for an amount that does not exceed the amount described by |
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| 68 | 68 | | Section 21.103(b), Property Code, as amended by this Act. |
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| 69 | 69 | | SECTION 3. This Act takes effect September 1, 2023. |
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