Texas 2025 - 89th Regular

Texas House Bill HB2011 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5298 JBD-D
2	2	By: Bell of Montgomery H.B. No. 2011
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the right to repurchase from a condemning entity
10	10	certain real property for which ad valorem taxes are delinquent.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 21.101(a), Property Code, is amended to
13	13	read as follows:
14	14	(a) A person from whom a real property interest is acquired
15	15	by an entity through eminent domain for a public use, or that
16	16	person's heirs, successors, or assigns, is entitled to repurchase
17	17	the property as provided by this subchapter if:
18	18	(1) the public use for which the property was acquired
19	19	through eminent domain is canceled before the property is used for
20	20	that public use;
21	21	(2) no actual progress is made toward the public use
22	22	for which the property was acquired between the date of acquisition
23	23	and the 10th anniversary of that date; [or]
24	24	(3) the property becomes unnecessary for the public
25	25	use for which the property was acquired, or a substantially similar
26	26	public use, before the 10th anniversary of the date of acquisition;
27	27	or
28	28	(4) the entity that acquired the property through
29	29	eminent domain:
30	30	(A) has an obligation to pay ad valorem taxes on
31	31	the acquired property; and
32	32	(B) has failed to pay any ad valorem taxes on the
33	33	acquired property before the second anniversary of the date on
34	34	which the unpaid taxes became due.
35	35	SECTION 2. Section 21.102, Property Code, is amended to
36	36	read as follows:
37	37	Sec. 21.102. NOTICE TO PREVIOUS PROPERTY OWNER REQUIRED.
38	38	Not later than the 180th day after the date an entity that acquired
39	39	a real property interest through eminent domain determines that the
40	40	former property owner is entitled to repurchase the property under
41	41	Section 21.101, the entity shall send by certified mail, return
42	42	receipt requested, to the property owner or the owner's heirs,
43	43	successors, or assigns a notice containing:
44	44	(1) an identification, which is not required to be a
45	45	legal description, of the property that was acquired;
46	46	(2) an identification of the public use for which the
47	47	property had been acquired and a statement that:
48	48	(A) the public use was canceled before the
49	49	property was used for the public use;
50	50	(B) no actual progress was made toward the public
51	51	use; [or]
52	52	(C) the property became unnecessary for the
53	53	public use, or a substantially similar public use, before the 10th
54	54	anniversary of the date of acquisition; or
55	55	(D) ad valorem taxes due on the property have not
56	56	been paid by the entity before the second anniversary of the date on
57	57	which the taxes became due; and
58	58	(3) a description of the person's right under this
59	59	subchapter to repurchase the property.
60	60	SECTION 3. Section 21.1021, Property Code, is amended by
61	61	adding Subsection (a-1) to read as follows:
62	62	(a-1) If a property owner's real property was acquired by an
63	63	entity that is responsible for paying ad valorem taxes on the
64	64	acquired property, the property owner from whom the property was
65	65	acquired or the owner's heirs, successors, or assigns may request
66	66	at any time after the 18-month anniversary of the acquisition, but
67	67	not more than once annually, that the condemning entity make a
68	68	determination and provide a statement and other relevant
69	69	information regarding:
70	70	(1) whether all ad valorem taxes on the acquired
71	71	property have been paid; or
72	72	(2) if any ad valorem taxes on the acquired property
73	73	have not been paid:
74	74	(A) the amount of the unpaid ad valorem taxes;
75	75	(B) each due date of any unpaid ad valorem taxes;
76	76	and
77	77	(C) whether the entity has a good faith intention
78	78	to pay the unpaid ad valorem taxes.
79	79	SECTION 4. Section 21.103, Property Code, is amended to
80	80	read as follows:
81	81	Sec. 21.103. RESALE OF PROPERTY; PRICE. (a) Not later than
82	82	the 180th day after the date of the postmark on a notice sent under
83	83	Section 21.102 or a response to a request made under Section 21.1021
84	84	that indicates that the property owner, or the owner's heirs,
85	85	successors, or assigns, is entitled to repurchase the property
86	86	interest in accordance with Section 21.101, the property owner or
87	87	the owner's heirs, successors, or assigns must notify the entity of
88	88	the person's intent to repurchase the property interest under this
89	89	subchapter.
90	90	(a-1) Notwithstanding Subsection (a), a person entitled to
91	91	repurchase real property under Section 21.101(a)(4) may inform the
92	92	entity that acquired the property of the person's intent to
93	93	repurchase the property before notice or information is required or
94	94	provided under Section 21.102 or 21.1021.
95	95	(b) As soon as practicable after receipt of a notice of
96	96	intent to repurchase under this section [Subsection (a)], the
97	97	entity shall offer to sell the property interest to the person for
98	98	the price paid to the owner by the entity at the time the entity
99	99	acquired the property through eminent domain. The person's right
100	100	to repurchase the property expires on the 90th day after the date on
101	101	which the entity makes the offer.
102	102	SECTION 5. Subchapter E, Chapter 21, Property Code, as
103	103	amended by this Act, applies only to a condemnation proceeding in
104	104	which the petition is filed on or after the effective date of this
105	105	Act and to any property condemned through the proceeding. A
106	106	condemnation proceeding in which the petition is filed before the
107	107	effective date of this Act and any property condemned through the
108	108	proceeding are governed by the law in effect immediately before the
109	109	effective date of this Act, and that law is continued in effect for
110	110	that purpose.
111	111	SECTION 6. This Act takes effect September 1, 2025.