| 1 | 1 | | 88R12650 KBB-F |
|---|
| 2 | 2 | | By: Hinojosa S.B. No. 2311 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to a bona fide offer for the acquisition of real property |
|---|
| 8 | 8 | | through condemnation. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 21.0113(b), Property Code, is amended to |
|---|
| 11 | 11 | | read as follows: |
|---|
| 12 | 12 | | (b) An entity with eminent domain authority has made a bona |
|---|
| 13 | 13 | | fide offer if: |
|---|
| 14 | 14 | | (1) an initial offer is made in writing to a property |
|---|
| 15 | 15 | | owner that includes: |
|---|
| 16 | 16 | | (A) a copy of the landowner's bill of rights |
|---|
| 17 | 17 | | statement prescribed by Section 402.031, Government Code, |
|---|
| 18 | 18 | | including the addendum prescribed by Section 402.031(c-1), |
|---|
| 19 | 19 | | Government Code, if applicable; |
|---|
| 20 | 20 | | (B) a statement, in bold print and a larger font |
|---|
| 21 | 21 | | than the other portions of the offer, indicating whether the |
|---|
| 22 | 22 | | compensation being offered includes: |
|---|
| 23 | 23 | | (i) damages to the remainder, if any, of the |
|---|
| 24 | 24 | | property owner's remaining property; or |
|---|
| 25 | 25 | | (ii) an appraisal of the property, |
|---|
| 26 | 26 | | including damages to the remainder, if any, prepared by a certified |
|---|
| 27 | 27 | | appraiser certified to practice as a certified general appraiser |
|---|
| 28 | 28 | | under Chapter 1103, Occupations Code; |
|---|
| 29 | 29 | | (C) an instrument of conveyance, provided that if |
|---|
| 30 | 30 | | the entity is a private entity as defined by Section 21.0114(a), the |
|---|
| 31 | 31 | | instrument must comply with Section 21.0114, as applicable, unless: |
|---|
| 32 | 32 | | (i) the entity has previously provided an |
|---|
| 33 | 33 | | instrument complying with Section 21.0114; |
|---|
| 34 | 34 | | (ii) the property owner desires to use an |
|---|
| 35 | 35 | | instrument different than one complying with Section 21.0114 and |
|---|
| 36 | 36 | | consents in writing to use a different instrument; or |
|---|
| 37 | 37 | | (iii) the property owner provided the |
|---|
| 38 | 38 | | entity with the instrument prior to the issuance of the initial |
|---|
| 39 | 39 | | offer; and |
|---|
| 40 | 40 | | (D) the name and telephone number of a |
|---|
| 41 | 41 | | representative of the entity who is: |
|---|
| 42 | 42 | | (i) an employee of the entity; |
|---|
| 43 | 43 | | (ii) an employee of an affiliate providing |
|---|
| 44 | 44 | | services on behalf of the entity; |
|---|
| 45 | 45 | | (iii) a legal representative of the entity; |
|---|
| 46 | 46 | | or |
|---|
| 47 | 47 | | (iv) if the entity does not have employees, |
|---|
| 48 | 48 | | an individual designated to represent the day-to-day operations of |
|---|
| 49 | 49 | | the entity; |
|---|
| 50 | 50 | | (2) a final offer is made in writing to the property |
|---|
| 51 | 51 | | owner; |
|---|
| 52 | 52 | | (3) the final offer is made on or after: |
|---|
| 53 | 53 | | (A) the 30th day after the date on which the |
|---|
| 54 | 54 | | entity makes a written initial offer to the property owner, if the |
|---|
| 55 | 55 | | final offer is equal to or higher than the initial offer; or |
|---|
| 56 | 56 | | (B) the 60th day after the date on which the |
|---|
| 57 | 57 | | entity makes a written initial offer to the property owner, if the |
|---|
| 58 | 58 | | final offer is lower than the initial offer; |
|---|
| 59 | 59 | | (4) before making a final offer, the entity obtains a |
|---|
| 60 | 60 | | written appraisal from a certified appraiser of the value of the |
|---|
| 61 | 61 | | property being acquired and the damages, if any, to any of the |
|---|
| 62 | 62 | | property owner's remaining property; |
|---|
| 63 | 63 | | (5) the final offer is equal to or greater than the |
|---|
| 64 | 64 | | amount of the written appraisal obtained by the entity; |
|---|
| 65 | 65 | | (6) the following items are included with the final |
|---|
| 66 | 66 | | offer or have been previously provided to the owner by the entity: |
|---|
| 67 | 67 | | (A) a copy of the written appraisal; |
|---|
| 68 | 68 | | (B) a copy of the deed, easement, or other |
|---|
| 69 | 69 | | instrument conveying the property sought to be acquired; and |
|---|
| 70 | 70 | | (C) the landowner's bill of rights statement |
|---|
| 71 | 71 | | prescribed by Section 21.0112; and |
|---|
| 72 | 72 | | (7) the entity provides the property owner with at |
|---|
| 73 | 73 | | least 14 days to respond to the final offer and the property owner |
|---|
| 74 | 74 | | does not agree to the terms of the final offer within that period. |
|---|
| 75 | 75 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 76 | 76 | | to the acquisition of real property in connection with an initial |
|---|
| 77 | 77 | | offer made under Section 21.0113, Property Code, as amended by this |
|---|
| 78 | 78 | | Act, on or after the effective date of this Act. An acquisition of |
|---|
| 79 | 79 | | real property in connection with an initial offer made under |
|---|
| 80 | 80 | | Section 21.0113, Property Code, as amended by this Act, before the |
|---|
| 81 | 81 | | effective date of this Act is governed by the law applicable to the |
|---|
| 82 | 82 | | acquisition immediately before the effective date of this Act, and |
|---|
| 83 | 83 | | that law is continued in effect for that purpose. |
|---|
| 84 | 84 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|