Bill Text: TX HB376 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to a landowner's bill of rights statement in connection with the acquisition of real property through eminent domain.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2023-05-04 - Referred to State Affairs [HB376 Detail]
Download: Texas-2023-HB376-Engrossed.html
By: Rogers, Bell of Kaufman, Bailes, | H.B. No. 376 | |
Bell of Montgomery, et al. |
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relating to a landowner's bill of rights statement in connection | ||
with the acquisition of real property through eminent domain. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 402.031(b) and (c), Government Code, | ||
are amended to read as follows: | ||
(b) The landowner's bill of rights must notify each property | ||
owner that the property owner has the right to: | ||
(1) notice of the proposed acquisition of the owner's | ||
property; | ||
(2) a bona fide good faith effort to negotiate by the | ||
entity proposing to acquire the property; | ||
(3) an assessment of damages to the owner that will | ||
result from the taking of the property; | ||
(4) a hearing under Chapter 21, Property Code, | ||
including a hearing on the assessment of damages; | ||
(5) an appeal of a judgment in a condemnation | ||
proceeding, including an appeal of an assessment of damages; [ |
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(6) file a written complaint with the Texas Real | ||
Estate Commission under Section 1101.205, Occupations Code, | ||
regarding alleged misconduct by a registered easement or | ||
right-of-way agent acting on behalf of the entity exercising | ||
eminent domain authority; and | ||
(7) submit to the appraisal district office in the | ||
county in which the property is taxable a report of decreased value, | ||
if any, for the owner's remaining property after the taking. | ||
(c) The statement must include: | ||
(1) the title, "Landowner's Bill of Rights"; [ |
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(2) a description of: | ||
(A) the condemnation procedure provided by | ||
Chapter 21, Property Code; | ||
(B) the condemning entity's obligations to the | ||
property owner; and | ||
(C) the property owner's options during a | ||
condemnation, including the property owner's right to object to and | ||
appeal an amount of damages awarded; and | ||
(3) a copy of the report of decreased value form issued | ||
by the comptroller. | ||
SECTION 2. 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, 2024. | ||
SECTION 3. (a) Except as provided by Subsection (b) of this | ||
section, this Act takes effect January 1, 2024. | ||
(b) Section 2 of this Act takes effect September 1, 2023. |