| 1 | 1 | | By: Schwertner, Kolkhorst S.B. No. 1512 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the failure to disclose certain appraisal reports by an |
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| 7 | 7 | | entity with eminent domain authority in connection with an offer to |
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| 8 | 8 | | acquire real property. |
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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. Section 21.0111(a), Property Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) An entity with eminent domain authority that wants to |
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| 13 | 13 | | acquire real property for a public use shall, by certified mail, |
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| 14 | 14 | | return receipt requested, disclose to the property owner at the |
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| 15 | 15 | | time an offer to purchase or lease the property is made any and all |
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| 16 | 16 | | appraisal reports produced or acquired by the entity relating |
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| 17 | 17 | | specifically to the owner's property and prepared in the 10 years |
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| 18 | 18 | | preceding the date of the offer. An entity that fails to meet the |
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| 19 | 19 | | requirements of this subsection is liable to the owner for |
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| 20 | 20 | | reasonable attorney's fees incurred by the owner in connection with |
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| 21 | 21 | | the entity's acquisition of the owner's property. |
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| 22 | 22 | | SECTION 2. The change in law made by this Act applies only |
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| 23 | 23 | | to the acquisition of real property in connection with an initial |
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| 24 | 24 | | offer made under Section 21.0113, Property Code, on or after the |
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| 25 | 25 | | effective date of this Act. An acquisition of real property in |
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| 26 | 26 | | connection with an initial offer made under Section 21.0113, |
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| 27 | 27 | | Property Code, before the effective date of this Act is governed by |
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| 28 | 28 | | the law applicable to the acquisition immediately before the |
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| 29 | 29 | | effective date of this Act, and that law is continued in effect for |
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| 30 | 30 | | that purpose. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2023. |
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