By: Schwertner S.B. No. 291
(In the Senate - Filed November 12, 2024; February 3, 2025,
read first time and referred to Committee on State Affairs;
March 31, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; March 31, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 291 By: Paxton
A BILL TO BE ENTITLED
AN ACT
relating to the failure to disclose certain appraisal reports by an
entity with eminent domain authority in connection with an offer to
acquire real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.0111(a), Property Code, is amended to
read as follows:
(a) An entity with eminent domain authority that wants to
acquire real property for a public use shall, by certified mail,
return receipt requested, disclose to the property owner at the
time an offer to purchase or lease the property is made any and all
appraisal reports produced or acquired by the entity relating
specifically to the owner's property and prepared in the 10 years
preceding the date of the offer. An entity that fails to meet the
requirements of this subsection is liable to the owner for
reasonable attorney's fees incurred by the owner to obtain a
disclosure required by this subsection.
SECTION 2. The change in law made by this Act applies only
to the acquisition of real property in connection with an initial
offer made under Section 21.0113, Property Code, on or after the
effective date of this Act. An acquisition of real property in
connection with an initial offer made under Section 21.0113,
Property Code, before the effective date of this Act is governed by
the law applicable to the acquisition immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2025.
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