Bill Text: TX HB1245 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to notice of a property owner's rights relating to the examination or survey of property by an entity with eminent domain authority.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2019-02-26 - Referred to Land & Resource Management [HB1245 Detail]
Download: Texas-2019-HB1245-Introduced.html
86R3192 NC-D | ||
By: Ashby | H.B. No. 1245 |
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relating to notice of a property owner's rights relating to the | ||
examination or survey of property by an entity with eminent domain | ||
authority. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 402.031(c), Government Code, is amended | ||
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; [ |
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(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. | ||
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. 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, 2020. | ||
SECTION 4. This Act takes effect January 1, 2020. |