Bill Text: TX HB1250 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the initial use of certain property acquired for a public use.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2013-04-17 - Committee report sent to Calendars [HB1250 Detail]
Download: Texas-2013-HB1250-Comm_Sub.html
83R18384 AJA-F | |||
By: Frank | H.B. No. 1250 | ||
Substitute the following for H.B. No. 1250: | |||
By: Springer | C.S.H.B. No. 1250 |
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relating to the initial use of certain property acquired for a | ||
public use. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 2206, Government Code, is | ||
amended by adding Section 2206.003 to read as follows: | ||
Sec. 2206.003. INITIAL USE OF ACQUIRED PROPERTY. (a) | ||
Except as provided by this section, a real property interest | ||
acquired through eminent domain must initially be used for the | ||
public use for which the property was acquired. | ||
(b) For purposes of this section, a real property interest | ||
is acquired through eminent domain if the property is purchased by | ||
an entity with eminent domain authority in connection with an offer | ||
under Section 21.0113, Property Code. | ||
(c) This section does not apply to a real property interest | ||
acquired for the production, gathering, treating, processing, | ||
transportation, or distribution of oil, gas, or other petroleum | ||
products. | ||
(d) A real property interest acquired through eminent | ||
domain may be initially used for a use other than the use for which | ||
the property was acquired if: | ||
(1) the entity that acquired the property through | ||
eminent domain offers to sell the property to the original owner or | ||
the owner's heirs, successors, or assigns at the price for which the | ||
property was acquired, and the original owner or the owner's heirs, | ||
successors, or assigns do not purchase the property on or before the | ||
180th day after the date notice of the offer is given as prescribed | ||
by Subsection (f); | ||
(2) the entity makes a good faith effort to locate and | ||
provide notice to the original owner or the owner's heirs, | ||
successors, or assigns as prescribed by Subsection (f), and the | ||
owner or the owner's heirs, successors, or assigns cannot be | ||
located after one year; or | ||
(3) the entity obtains a release from the original | ||
owner or the owner's heirs, successors, or assigns declining the | ||
offer to sell the property and allowing the property to be used for | ||
a use other than the use for which the property was acquired. | ||
(e) The entity may pay compensation to obtain a release | ||
described by Subsection (d)(3). | ||
(f) For purposes of giving notice of an offer under | ||
Subsection (d), the entity shall send by certified mail, return | ||
receipt requested, to the original owner or the owner's heirs, | ||
successors, or assigns a notice containing: | ||
(1) an identification, which is not required to be a | ||
legal description, of the real property interest that was acquired; | ||
(2) an identification of the public use for which the | ||
property had been acquired and a statement that the entity wishes to | ||
initially use the property for a use other than the one for which | ||
the property was acquired; | ||
(3) a description of the rights of the original owner | ||
or the owner's heirs, successors, or assigns under this section to | ||
repurchase the property or be paid for a release; | ||
(4) the amount for which the original owner or the | ||
owner's heirs, successors, or assigns may repurchase the property; | ||
and | ||
(5) if applicable, the terms of the release the entity | ||
is seeking from the original owner or the owner's heirs, | ||
successors, or assigns. | ||
SECTION 2. Subchapter B, Chapter 21, Property Code, is | ||
amended by adding Section 21.0114 to read as follows: | ||
Sec. 21.0114. PUBLIC USE DISCLOSURE IN OFFER. (a) Except | ||
as provided by this section, an entity with eminent domain | ||
authority that makes an offer under Section 21.0113 must state with | ||
specificity in the initial and final offers the public use for which | ||
the entity intends to acquire the property. | ||
(b) This section does not apply to an offer made for a real | ||
property interest intended to be acquired for the production, | ||
gathering, treating, processing, transportation, or distribution | ||
of oil, gas, or other petroleum products. | ||
SECTION 3. (a) Section 2206.003, Government Code, as added | ||
by this Act, applies only to a repurchase of a real property | ||
interest acquired through eminent domain with respect to which the | ||
initial offer under Section 21.0113, Property Code, is made on or | ||
after the effective date of this Act. | ||
(b) Section 21.0114, Property Code, as added by this Act, | ||
applies only to an offer under Section 21.0113, Property Code, with | ||
respect to which the initial offer is made on or after the effective | ||
date of this Act. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |