Bill Text: TX HB448 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the provision of certain eminent domain information to property owners through a landowner's bill of rights.
Spectrum: Moderate Partisan Bill (Republican 35-5)
Status: (Engrossed - Dead) 2021-05-26 - Removed from local & uncontested calendar [HB448 Detail]
Download: Texas-2021-HB448-Comm_Sub.html
| By: Bailes, et al. (Senate Sponsor - Nichols) | H.B. No. 448 | |
| (In the Senate - Received from the House May 5, 2021; | ||
| May 6, 2021, read first time and referred to Committee on State | ||
| Affairs; May 18, 2021, reported favorably by the following vote: | ||
| Yeas 9, Nays 0; May 18, 2021, sent to printer.) | ||
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| relating to the provision of certain eminent domain information to | ||
| property owners through a landowner's bill of rights. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 402.031(b), Government Code, is 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; [ |
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| (5) an appeal of a judgment in a condemnation | ||
| proceeding, including an appeal of an assessment of damages; and | ||
| (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. | ||
| 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 December 1, 2021. | ||
| SECTION 3. (a) Except as provided by Subsection (b) of this | ||
| section, this Act takes effect January 1, 2022. | ||
| (b) Section 2 of this Act takes effect September 1, 2021. | ||
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