SB292 - Relating to certain requirements in connection with the acquisition of real property for public use by an entity with eminent domain authority.

      By: Schwertner S.B. No. 292     A BILL TO BE ENTITLED   AN ACT   relating to certain requirements in connection with the acquisition   of real property for public use by an entity with eminent domain   authority.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 402.031, Government Code, is amended by   amending Subsection (c) and adding Subsection (c-2) to read as   follows:          (c)  The statement must include:                (1)  the title, "Landowner's Bill of Rights"; and                (2)  a description of:                      (A)  the condemnation procedure provided by   Chapter 21, Property Code;                      (B)  the condemning entity's obligations to the   property owner , including the responsibility for any damages   arising from an examination or survey of the property ; [ and ]                      (C)  the property owner's options during a   condemnation, including the property owner's right to :                             (i)     refuse to grant permission to the   condemning entity to enter the property and conduct an examination   or survey of the property;                             (ii)     negotiate the terms of the examination   or survey of the property; and                             (iii)   object to and appeal an amount of   damages awarded ; and                       (D)     the condemning entity's right to sue for a   court order authorizing the examination or survey if the property   owner refuses to grant permission for the examination or survey .           (c-2)     The statement must disclose that a condemning entity,   other than an entity acquiring property as authorized under   Subchapter D, Chapter 203, Transportation Code, that makes an   initial offer under Section 21.0113, Property Code, that includes   real property that the entity does not seek to acquire by   condemnation shall in the initial offer:                 (1)     separately identify the real property that the   entity does not seek to acquire by condemnation; and                 (2)     make an offer for the real property that the entity   does not seek to acquire by condemnation separate from the offer   made for the real property sought to be acquired by condemnation.          SECTION 2.  Subchapter B, Chapter 21, Property Code, is   amended by adding Section 21.01101 to read as follows:           Sec.   21.01101.     SURVEY PERMISSION FORM. If an entity with   eminent domain authority provides a form to an owner of real   property requesting the owner's permission to enter the property to   examine the property or conduct a survey of the property in   connection with the potential acquisition of the property for a   public use, the form must conspicuously state that:                 (1)     the owner has a right to refuse to grant permission   to the entity to enter the property and conduct the examination or   survey;                 (2)     the entity has a right to sue for a court order   authorizing the entity to enter the property and conduct the   examination or survey if the owner refuses to grant the permission;                 (3)     the owner has a right to negotiate the terms of the   examination or survey of the property; and                 (4)     the entity has the responsibility for any damages   arising from an examination or survey of the property.          SECTION 3.  Section 21.0112(a), Property Code, is amended to   read as follows:          (a)   At the time [ Not later than the seventh day before the   date ] a governmental or private entity with eminent domain   authority makes an initial [ a final ] offer to a property owner to   acquire real property, the entity must send by first-class mail or   otherwise provide a landowner's bill of rights statement provided   by Section 402.031, Government Code, to the last known address of   the person in whose name the property is listed on the most recent   tax roll of any appropriate taxing unit authorized by law to levy   property taxes against the property. In addition to the other   requirements of this subsection, an entity with eminent domain   authority shall provide a copy of the landowner's bill of rights   statement to a landowner before or at the same time as the entity   first represents in any manner to the landowner that the entity   possesses eminent domain authority.          SECTION 4.  Section 21.0113(b), Property Code, is amended to   read as follows:          (b)  An entity with eminent domain authority has made a bona   fide offer if:                (1)  an initial offer is made in writing to a property   owner that includes:                      (A)  a copy of the landowner's bill of rights   statement prescribed by Section 402.031, Government Code, provided   in accordance with Section 21.0112 and including the addendum   prescribed by Section 402.031(c-1), Government Code, if   applicable;                      (B)  a statement, in bold print and a larger font   than the other portions of the offer, indicating whether the   compensation being offered includes:                            (i)  damages to the remainder, if any, of the   property owner's remaining property; or                            (ii)  an appraisal of the property,   including damages to the remainder, if any, prepared by a certified   appraiser certified to practice as a certified general appraiser   under Chapter 1103, Occupations Code;                      (C)  an instrument of conveyance, provided that if   the entity is a private entity as defined by Section 21.0114(a), the   instrument must comply with Section 21.0114, as applicable, unless:                            (i)  the entity has previously provided an   instrument complying with Section 21.0114;                            (ii)  the property owner desires to use an   instrument different than one complying with Section 21.0114 and   consents in writing to use a different instrument; or                            (iii)  the property owner provided the   entity with the instrument prior to the issuance of the initial   offer; and                      (D)  the name and telephone number of a   representative of the entity who is:                            (i)  an employee of the entity;                            (ii)  an employee of an affiliate providing   services on behalf of the entity;                            (iii)  a legal representative of the entity;   or                            (iv)  if the entity does not have employees,   an individual designated to represent the day-to-day operations of   the entity;                (2)  a final offer is made in writing to the property   owner;                (3)  the final offer is made on or after the 30th day   after the date on which the entity makes a written initial offer to   the property owner;                (4)  before making a final offer, the entity obtains a   written appraisal from a certified appraiser of the value of the   property being acquired and the damages, if any, to any of the   property owner's remaining property;                (5)  the final offer is equal to or greater than the   amount of the written appraisal obtained by the entity;                (6)  the following items are included with the final   offer or have been previously provided to the owner by the entity:                      (A)  a copy of the written appraisal; and                      (B)  a copy of the deed, easement, or other   instrument conveying the property sought to be acquired; and                      [ (C) the landowner's bill of rights statement   prescribed by Section 21.0112; and ]                (7)  the entity provides the property owner with at   least 14 days to respond to the final offer and the property owner   does not agree to the terms of the final offer within that period.          SECTION 5.  Subchapter B, Chapter 21, Property Code, is   amended by adding Section 21.0115 to read as follows:           Sec.   21.0115.     OFFER TO ACQUIRE ADDITIONAL PROPERTY;   EXCEPTION. (a)   Except as provided by Subsection (b), a condemning   entity that makes an initial offer under Section 21.0113 that   includes real property that the entity does not seek to acquire by   condemnation shall in the initial offer:                 (1)     separately identify the real property that the   entity does not seek to acquire by condemnation; and                 (2)     make an offer for the real property that the entity   does not seek to acquire by condemnation separate from the offer   made for the real property sought to be acquired by condemnation.           (b)     Subsection (a) does not apply to an acquisition of real   property under Subchapter D, Chapter 203, Transportation Code.          SECTION 6.  The office of the attorney general shall make the   landowner's bill of rights statement required by Section 402.031,   Government Code, as amended by this Act, available on the attorney   general's Internet website not later than January 1, 2026.          SECTION 7.  The changes in law made by this Act to Sections   21.0112 and 21.0113, Property Code, apply 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. The acquisition of real property in connection with an   initial of [Text truncated for display. Full text available on LegiScan.]