| 1 | 1 | | By: Rogers, Bell of Kaufman, Bailes, H.B. No. 376 |
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| 2 | 2 | | Bell of Montgomery, et al. |
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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 a landowner's bill of rights statement in connection |
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| 8 | 8 | | with the acquisition of real property through eminent domain. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 402.031(b) and (c), Government Code, |
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| 11 | 11 | | are amended to read as follows: |
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| 12 | 12 | | (b) The landowner's bill of rights must notify each property |
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| 13 | 13 | | owner that the property owner has the right to: |
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| 14 | 14 | | (1) notice of the proposed acquisition of the owner's |
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| 15 | 15 | | property; |
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| 16 | 16 | | (2) a bona fide good faith effort to negotiate by the |
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| 17 | 17 | | entity proposing to acquire the property; |
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| 18 | 18 | | (3) an assessment of damages to the owner that will |
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| 19 | 19 | | result from the taking of the property; |
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| 20 | 20 | | (4) a hearing under Chapter 21, Property Code, |
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| 21 | 21 | | including a hearing on the assessment of damages; |
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| 22 | 22 | | (5) an appeal of a judgment in a condemnation |
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| 23 | 23 | | proceeding, including an appeal of an assessment of damages; [and] |
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| 24 | 24 | | (6) file a written complaint with the Texas Real |
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| 25 | 25 | | Estate Commission under Section 1101.205, Occupations Code, |
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| 26 | 26 | | regarding alleged misconduct by a registered easement or |
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| 27 | 27 | | right-of-way agent acting on behalf of the entity exercising |
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| 28 | 28 | | eminent domain authority; and |
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| 29 | 29 | | (7) submit to the appraisal district office in the |
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| 30 | 30 | | county in which the property is taxable a report of decreased value, |
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| 31 | 31 | | if any, for the owner's remaining property after the taking. |
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| 32 | 32 | | (c) The statement must include: |
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| 33 | 33 | | (1) the title, "Landowner's Bill of Rights"; [and] |
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| 34 | 34 | | (2) a description of: |
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| 35 | 35 | | (A) the condemnation procedure provided by |
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| 36 | 36 | | Chapter 21, Property Code; |
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| 37 | 37 | | (B) the condemning entity's obligations to the |
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| 38 | 38 | | property owner; and |
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| 39 | 39 | | (C) the property owner's options during a |
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| 40 | 40 | | condemnation, including the property owner's right to object to and |
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| 41 | 41 | | appeal an amount of damages awarded; and |
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| 42 | 42 | | (3) a copy of the report of decreased value form issued |
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| 43 | 43 | | by the comptroller. |
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| 44 | 44 | | SECTION 2. The office of the attorney general shall make the |
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| 45 | 45 | | landowner's bill of rights statement required by Section 402.031, |
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| 46 | 46 | | Government Code, as amended by this Act, available on the attorney |
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| 47 | 47 | | general's Internet website not later than January 1, 2024. |
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| 48 | 48 | | SECTION 3. (a) Except as provided by Subsection (b) of this |
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| 49 | 49 | | section, this Act takes effect January 1, 2024. |
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| 50 | 50 | | (b) Section 2 of this Act takes effect September 1, 2023. |
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