| 1 | 1 | | 89R16766 SCR-F |
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| 2 | 2 | | By: Lozano H.B. No. 5417 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a bona fide offer for the acquisition of real property |
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| 10 | 10 | | through condemnation. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 21.0113(b), Property Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (b) An entity with eminent domain authority has made a bona |
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| 15 | 15 | | fide offer if: |
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| 16 | 16 | | (1) an initial offer is made in writing to a property |
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| 17 | 17 | | owner that includes: |
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| 18 | 18 | | (A) a copy of the landowner's bill of rights |
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| 19 | 19 | | statement prescribed by Section 402.031, Government Code, |
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| 20 | 20 | | including the addendum prescribed by Section 402.031(c-1), |
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| 21 | 21 | | Government Code, if applicable; |
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| 22 | 22 | | (B) a statement, in bold print and a larger font |
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| 23 | 23 | | than the other portions of the offer, indicating whether the |
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| 24 | 24 | | compensation being offered includes: |
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| 25 | 25 | | (i) damages to the remainder, if any, of the |
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| 26 | 26 | | property owner's remaining property; or |
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| 27 | 27 | | (ii) an appraisal of the property, |
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| 28 | 28 | | including damages to the remainder, if any, prepared by a certified |
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| 29 | 29 | | appraiser certified to practice as a certified general appraiser |
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| 30 | 30 | | under Chapter 1103, Occupations Code; |
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| 31 | 31 | | (C) an instrument of conveyance, provided that if |
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| 32 | 32 | | the entity is a private entity as defined by Section 21.0114(a), the |
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| 33 | 33 | | instrument must comply with Section 21.0114, as applicable, unless: |
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| 34 | 34 | | (i) the entity has previously provided an |
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| 35 | 35 | | instrument complying with Section 21.0114; |
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| 36 | 36 | | (ii) the property owner desires to use an |
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| 37 | 37 | | instrument different than one complying with Section 21.0114 and |
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| 38 | 38 | | consents in writing to use a different instrument; or |
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| 39 | 39 | | (iii) the property owner provided the |
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| 40 | 40 | | entity with the instrument prior to the issuance of the initial |
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| 41 | 41 | | offer; and |
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| 42 | 42 | | (D) the name and telephone number of a |
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| 43 | 43 | | representative of the entity who is: |
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| 44 | 44 | | (i) an employee of the entity; |
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| 45 | 45 | | (ii) an employee of an affiliate providing |
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| 46 | 46 | | services on behalf of the entity; |
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| 47 | 47 | | (iii) a legal representative of the entity; |
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| 48 | 48 | | or |
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| 49 | 49 | | (iv) if the entity does not have employees, |
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| 50 | 50 | | an individual designated to represent the day-to-day operations of |
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| 51 | 51 | | the entity; |
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| 52 | 52 | | (2) a final offer is made in writing to the property |
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| 53 | 53 | | owner; |
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| 54 | 54 | | (3) the final offer is made on or after: |
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| 55 | 55 | | (A) the 30th day after the date on which the |
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| 56 | 56 | | entity makes a written initial offer to the property owner, if the |
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| 57 | 57 | | final offer is equal to or higher than the initial offer; or |
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| 58 | 58 | | (B) the 60th day after the date on which the |
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| 59 | 59 | | entity makes a written initial offer to the property owner, if the |
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| 60 | 60 | | final offer is lower than the initial offer; |
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| 61 | 61 | | (4) before making a final offer, the entity obtains a |
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| 62 | 62 | | written appraisal from a certified appraiser of the value of the |
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| 63 | 63 | | property being acquired and the damages, if any, to any of the |
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| 64 | 64 | | property owner's remaining property; |
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| 65 | 65 | | (5) the final offer is equal to or greater than the |
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| 66 | 66 | | amount of the written appraisal obtained by the entity; |
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| 67 | 67 | | (6) the following items are included with the final |
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| 68 | 68 | | offer or have been previously provided to the owner by the entity: |
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| 69 | 69 | | (A) a copy of the written appraisal; |
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| 70 | 70 | | (B) a copy of the deed, easement, or other |
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| 71 | 71 | | instrument conveying the property sought to be acquired; and |
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| 72 | 72 | | (C) the landowner's bill of rights statement |
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| 73 | 73 | | prescribed by Section 21.0112; and |
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| 74 | 74 | | (7) the entity provides the property owner with at |
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| 75 | 75 | | least 14 days to respond to the final offer and the property owner |
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| 76 | 76 | | does not agree to the terms of the final offer within that period. |
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| 77 | 77 | | SECTION 2. The change in law made by this Act applies only |
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| 78 | 78 | | to the acquisition of real property in connection with an initial |
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| 79 | 79 | | offer made under Section 21.0113, Property Code, as amended by this |
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| 80 | 80 | | Act, on or after the effective date of this Act. An acquisition of |
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| 81 | 81 | | real property in connection with an initial offer made under |
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| 82 | 82 | | Section 21.0113, Property Code, as amended by this Act, before the |
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| 83 | 83 | | effective date of this Act is governed by the law applicable to the |
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| 84 | 84 | | acquisition immediately before the effective date of this Act, and |
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| 85 | 85 | | that law is continued in effect for that purpose. |
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| 86 | 86 | | SECTION 3. This Act takes effect September 1, 2025. |
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