Supplement: TX HB3385 | 2021-2022 | 87th Legislature | Analysis (Engrossed)

For additional supplements on Texas HB3385 please see the Bill Drafting List
Bill Title: Relating to a landowner's bill of rights statement in connection with the acquisition of real property through eminent domain.

Status: 2021-05-26 - Removed from local & uncontested calendar [HB3385 Detail]

Download: Texas-2021-HB3385-Analysis_Engrossed_.html

BILL ANALYSIS

 

 

Senate Research Center

H.B. 3385

87R10573 MWC-D

By: Rogers (Hughes)

 

State Affairs

 

5/19/2021

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

In Texas, a property owner who believes the appraised value of the owner's property decreased during the preceding tax year for any reason other than normal depreciation may submit a form indicating that belief to the applicable appraisal district office. However, it has been noted that very few property owners are aware that this form exists. There have been calls to add information regarding this form to the landowner's bill of rights statement prepared by the attorney general in connection with property acquisition through eminent domain to ensure property owners are fully aware of resources available to them. H.B. 3385 seeks to address this issue by including this information in that statement.

 

H.B. 3385 amends current law relating to a landowner's bill of rights statement in connection with the acquisition of real property through eminent domain.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Sections 402.031(b) and (c), Government Code, as follows:

(b)  Requires that the landowner's bill of rights notify each property owner that the property owner has the right to:

(1) - (3) makes no changes to these subdivisions;

(4)  and (5) makes nonsubstantive changes to these subdivisions; and

(6)  submit to the appraisal district office in the county in which the property is taxable a report of decreased value for the owner's remaining property after the taking.

(c)  Requires that the statement include:

(1)  and (2) makes nonsubstantive changes to these subdivisions; and

(3)  a copy of the report of decreased value form issued by the Comptroller of Public Accounts of the State of Texas.

SECTION 2.  Requires the Office of the Attorney General to make the landowner's bill of rights statement required by Section 402.031 (Preparation of Landowner's Bill of Rights Statement), Government Code, as amended by this Act, available on the attorney general's Internet website not later than January 1, 2022.

SECTION 3.  (a) Effective date, except as provided by Subsection (b) of this section: January 1, 2022.

(b)  Effective date, Section 2 of this Act: September 1, 2021.

 

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