Bill Text: TX HB448 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
By: Bailes | H.B. No. 448 |
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relating to the right of property owners to file complaints against | ||
certain entities regulated by the Railroad Commission of Texas | ||
regarding alleged misconduct by the entities while exercising | ||
eminent domain authority; providing a civil penalty. | ||
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; [and] | ||
(5) an appeal of a judgment in a condemnation | ||
proceeding, including an appeal of an assessment of damages; and | ||
(6) if the entity proposing to acquire the owner's | ||
property is regulated by the Railroad Commission of Texas, file a | ||
written complaint with the commission regarding alleged misconduct | ||
by the entity while exercising the entity's eminent domain | ||
authority. | ||
SECTION 2. Section 81.0591, Natural Resources Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) If an entity that proposes to acquire property through | ||
the use of the entity's eminent domain authority under Chapter 21, | ||
Property Code, is regulated by the commission, the property owner | ||
may file a written complaint with the commission under this section | ||
regarding alleged misconduct by the entity while exercising that | ||
authority, including a violation by the entity of Section 81.073. | ||
SECTION 3. Subchapter C, Chapter 81, Natural Resources | ||
Code, is amended by adding Section 81.073 to read as follows: | ||
Sec. 81.073. MISUSE OF LANDOWNER'S BILL OF RIGHTS; CIVIL | ||
PENALTY. (a) An entity regulated by the commission may not use a | ||
landowner's bill of rights statement prepared under Section | ||
402.031, Government Code, to harass, intimidate, or otherwise | ||
mislead a property owner. | ||
(b) An entity that violates this section is liable to the | ||
state for a civil penalty in an amount of not more than: | ||
(1) $1,000 for the first violation; and | ||
(2) $5,000 for each subsequent violation. | ||
(c) The commission may refer a complaint alleging a | ||
violation of this section received under Section 81.0591(d) to the | ||
attorney general. | ||
(d) The attorney general may bring an action in the name of | ||
the state to enjoin a violation of this section or to recover the | ||
civil penalty provided by this section, or both. | ||
SECTION 4. 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 September 1, 2021. | ||
SECTION 5. This Act takes effect September 1, 2021. |