88R12650 KBB-F
By: Lozano H.B. No. 3601
A BILL TO BE ENTITLED
AN ACT
relating to a bona fide offer for the acquisition of real property
through condemnation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.0113(b), Property Code, is amended to
read as follows:
(b) An entity with eminent domain authority has made a bona
fide offer if:
(1) an initial offer is made in writing to a property
owner that includes:
(A) a copy of the landowner's bill of rights
statement prescribed by Section 402.031, Government Code,
including the addendum prescribed by Section 402.031(c-1),
Government Code, if applicable;
(B) a statement, in bold print and a larger font
than the other portions of the offer, indicating whether the
compensation being offered includes:
(i) damages to the remainder, if any, of the
property owner's remaining property; or
(ii) an appraisal of the property,
including damages to the remainder, if any, prepared by a certified
appraiser certified to practice as a certified general appraiser
under Chapter 1103, Occupations Code;
(C) an instrument of conveyance, provided that if
the entity is a private entity as defined by Section 21.0114(a), the
instrument must comply with Section 21.0114, as applicable, unless:
(i) the entity has previously provided an
instrument complying with Section 21.0114;
(ii) the property owner desires to use an
instrument different than one complying with Section 21.0114 and
consents in writing to use a different instrument; or
(iii) the property owner provided the
entity with the instrument prior to the issuance of the initial
offer; and
(D) the name and telephone number of a
representative of the entity who is:
(i) an employee of the entity;
(ii) an employee of an affiliate providing
services on behalf of the entity;
(iii) a legal representative of the entity;
or
(iv) if the entity does not have employees,
an individual designated to represent the day-to-day operations of
the entity;
(2) a final offer is made in writing to the property
owner;
(3) the final offer is made on or after:
(A) the 30th day after the date on which the
entity makes a written initial offer to the property owner, if the
final offer is equal to or higher than the initial offer; or
(B) the 60th day after the date on which the
entity makes a written initial offer to the property owner, if the
final offer is lower than the initial offer;
(4) before making a final offer, the entity obtains a
written appraisal from a certified appraiser of the value of the
property being acquired and the damages, if any, to any of the
property owner's remaining property;
(5) the final offer is equal to or greater than the
amount of the written appraisal obtained by the entity;
(6) the following items are included with the final
offer or have been previously provided to the owner by the entity:
(A) a copy of the written appraisal;
(B) a copy of the deed, easement, or other
instrument conveying the property sought to be acquired; and
(C) the landowner's bill of rights statement
prescribed by Section 21.0112; and
(7) the entity provides the property owner with at
least 14 days to respond to the final offer and the property owner
does not agree to the terms of the final offer within that period.
SECTION 2. The change in law made by this Act applies only
to the acquisition of real property in connection with an initial
offer made under Section 21.0113, Property Code, as amended by this
Act, on or after the effective date of this Act. An acquisition of
real property in connection with an initial offer made under
Section 21.0113, Property Code, as amended by this Act, before the
effective date of this Act is governed by the law applicable to the
acquisition immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.