Texas 2025 - 89th Regular

Texas Senate Bill SB292 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Schwertner S.B. No. 292
2		-
3		-
	2	+	(In the Senate - Filed November 12, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	March 31, 2025, reported favorably by the following vote: Yeas 8,
	5	+	Nays 0; March 31, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to certain requirements in connection with the acquisition
9	12		of real property for public use by an entity with eminent domain
10	13		authority.
11	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	15		SECTION 1. Section 402.031, Government Code, is amended by
13	16		amending Subsection (c) and adding Subsection (c-2) to read as
14	17		follows:
15	18		(c) The statement must include:
16	19		(1) the title, "Landowner's Bill of Rights"; and
17	20		(2) a description of:
18	21		(A) the condemnation procedure provided by
19	22		Chapter 21, Property Code;
20	23		(B) the condemning entity's obligations to the
21	24		property owner, including the responsibility for any damages
22	25		arising from an examination or survey of the property; [and]
23	26		(C) the property owner's options during a
24	27		condemnation, including the property owner's right to:
25	28		(i) refuse to grant permission to the
26	29		condemning entity to enter the property and conduct an examination
27	30		or survey of the property;
28	31		(ii) negotiate the terms of the examination
29	32		or survey of the property; and
30	33		(iii) object to and appeal an amount of
31	34		damages awarded; and
32	35		(D) the condemning entity's right to sue for a
33	36		court order authorizing the examination or survey if the property
34	37		owner refuses to grant permission for the examination or survey.
35	38		(c-2) The statement must disclose that a condemning entity,
36	39		other than an entity acquiring property as authorized under
37	40		Subchapter D, Chapter 203, Transportation Code, that makes an
38	41		initial offer under Section 21.0113, Property Code, that includes
39	42		real property that the entity does not seek to acquire by
40	43		condemnation shall in the initial offer:
41	44		(1) separately identify the real property that the
42	45		entity does not seek to acquire by condemnation; and
43	46		(2) make an offer for the real property that the entity
44	47		does not seek to acquire by condemnation separate from the offer
45	48		made for the real property sought to be acquired by condemnation.
46	49		SECTION 2. Subchapter B, Chapter 21, Property Code, is
47	50		amended by adding Section 21.01101 to read as follows:
48	51		Sec. 21.01101. SURVEY PERMISSION FORM. If an entity with
49	52		eminent domain authority provides a form to an owner of real
50	53		property requesting the owner's permission to enter the property to
51	54		examine the property or conduct a survey of the property in
52	55		connection with the potential acquisition of the property for a
53	56		public use, the form must conspicuously state that:
54	57		(1) the owner has a right to refuse to grant permission
55	58		to the entity to enter the property and conduct the examination or
56	59		survey;
57	60		(2) the entity has a right to sue for a court order
58	61		authorizing the entity to enter the property and conduct the
59	62		examination or survey if the owner refuses to grant the permission;
60	63		(3) the owner has a right to negotiate the terms of the
61	64		examination or survey of the property; and
62	65		(4) the entity has the responsibility for any damages
63	66		arising from an examination or survey of the property.
64	67		SECTION 3. Section 21.0112(a), Property Code, is amended to
65	68		read as follows:
66	69		(a) At the time [Not later than the seventh day before the
67	70		date] a governmental or private entity with eminent domain
68	71		authority makes an initial [a final] offer to a property owner to
69	72		acquire real property, the entity must send by first-class mail or
70	73		otherwise provide a landowner's bill of rights statement provided
71	74		by Section 402.031, Government Code, to the last known address of
72	75		the person in whose name the property is listed on the most recent
73	76		tax roll of any appropriate taxing unit authorized by law to levy
74	77		property taxes against the property. In addition to the other
75	78		requirements of this subsection, an entity with eminent domain
76	79		authority shall provide a copy of the landowner's bill of rights
77	80		statement to a landowner before or at the same time as the entity
78	81		first represents in any manner to the landowner that the entity
79	82		possesses eminent domain authority.
80	83		SECTION 4. Section 21.0113(b), Property Code, is amended to
81	84		read as follows:
82	85		(b) An entity with eminent domain authority has made a bona
83	86		fide offer if:
84	87		(1) an initial offer is made in writing to a property
85	88		owner that includes:
86	89		(A) a copy of the landowner's bill of rights
87	90		statement prescribed by Section 402.031, Government Code, provided
88	91		in accordance with Section 21.0112 and including the addendum
89	92		prescribed by Section 402.031(c-1), Government Code, if
90	93		applicable;
91	94		(B) a statement, in bold print and a larger font
92	95		than the other portions of the offer, indicating whether the
93	96		compensation being offered includes:
94	97		(i) damages to the remainder, if any, of the
95	98		property owner's remaining property; or
96	99		(ii) an appraisal of the property,
97	100		including damages to the remainder, if any, prepared by a certified
98	101		appraiser certified to practice as a certified general appraiser
99	102		under Chapter 1103, Occupations Code;
100	103		(C) an instrument of conveyance, provided that if
101	104		the entity is a private entity as defined by Section 21.0114(a), the
102	105		instrument must comply with Section 21.0114, as applicable, unless:
103	106		(i) the entity has previously provided an
104	107		instrument complying with Section 21.0114;
105	108		(ii) the property owner desires to use an
106	109		instrument different than one complying with Section 21.0114 and
107	110		consents in writing to use a different instrument; or
108	111		(iii) the property owner provided the
109	112		entity with the instrument prior to the issuance of the initial
110	113		offer; and
111	114		(D) the name and telephone number of a
112	115		representative of the entity who is:
113	116		(i) an employee of the entity;
114	117		(ii) an employee of an affiliate providing
115	118		services on behalf of the entity;
116	119		(iii) a legal representative of the entity;
117	120		or
118	121		(iv) if the entity does not have employees,
119	122		an individual designated to represent the day-to-day operations of
120	123		the entity;
121	124		(2) a final offer is made in writing to the property
122	125		owner;
123	126		(3) the final offer is made on or after the 30th day
124	127		after the date on which the entity makes a written initial offer to
125	128		the property owner;
126	129		(4) before making a final offer, the entity obtains a
127	130		written appraisal from a certified appraiser of the value of the
128	131		property being acquired and the damages, if any, to any of the
129	132		property owner's remaining property;
130	133		(5) the final offer is equal to or greater than the
131	134		amount of the written appraisal obtained by the entity;
132	135		(6) the following items are included with the final
133	136		offer or have been previously provided to the owner by the entity:
134	137		(A) a copy of the written appraisal; and
135	138		(B) a copy of the deed, easement, or other
136	139		instrument conveying the property sought to be acquired; and
137	140		[(C) the landowner's bill of rights statement
138	141		prescribed by Section 21.0112; and]
139	142		(7) the entity provides the property owner with at
140	143		least 14 days to respond to the final offer and the property owner
141	144		does not agree to the terms of the final offer within that period.
142	145		SECTION 5. Subchapter B, Chapter 21, Property Code, is
143	146		amended by adding Section 21.0115 to read as follows:
144	147		Sec. 21.0115. OFFER TO ACQUIRE ADDITIONAL PROPERTY;
145	148		EXCEPTION. (a) Except as provided by Subsection (b), a condemning
146	149		entity that makes an initial offer under Section 21.0113 that
147	150		includes real property that the entity does not seek to acquire by
148	151		condemnation shall in the initial offer:
149	152		(1) separately identify the real property that the
150	153		entity does not seek to acquire by condemnation; and
151	154		(2) make an offer for the real property that the entity
152	155		does not seek to acquire by condemnation separate from the offer
153	156		made for the real property sought to be acquired by condemnation.
154	157		(b) Subsection (a) does not apply to an acquisition of real
155	158		property under Subchapter D, Chapter 203, Transportation Code.
156	159		SECTION 6. The office of the attorney general shall make the
157	160		landowner's bill of rights statement required by Section 402.031,
158	161		Government Code, as amended by this Act, available on the attorney
159	162		general's Internet website not later than January 1, 2026.
160	163		SECTION 7. The changes in law made by this Act to Sections
161	164		21.0112 and 21.0113, Property Code, apply only to the acquisition
162	165		of real property in connection with an initial offer made under
163	166		Section 21.0113, Property Code, on or after the effective date of
164	167		this Act. The acquisition of real property in connection with an
165	168		initial offer made under Section 21.0113, Property Code, before the
166	169		effective date of this Act is governed by the law as it existed
167	170		immediately before the effective date of this Act, and that law is
168	171		continued in effect for that purpose.
169	172		SECTION 8. This Act takes effect January 1, 2026.
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