By: Bailes H.B. No. 448
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.