Bill Text: TX SB552 | 2019-2020 | 86th Legislature | Engrossed
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.
Sponsorship: Slight Partisan Bill (Republican 13-5)
Status: (Engrossed - Dead) 2019-04-26 - Left pending in committee [SB552 Detail]
Download: Texas-2019-SB552-Engrossed.html
| By: Schwertner, et al. | S.B. No. 552 | |
|
|
||
|
|
||
| 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; [ |
||
| (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. | ||
