Bill Text: TX HB448 | 2021-2022 | 87th Legislature | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
87R18310 MWC-F | |||
By: Bailes, et al. | H.B. No. 448 | ||
Substitute the following for H.B. No. 448: | |||
By: Thierry | C.S.H.B. No. 448 |
|
||
|
||
relating to the right of landowners to file complaints with the | ||
Texas Real Estate Commission against certain entities regarding | ||
alleged misconduct by the entities while exercising eminent domain | ||
authority and to the creation of an ombudsman office for | ||
landowners. | ||
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; [ |
||
(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 ombudsman office | ||
established by the Texas Real Estate Commission under Section | ||
1101.207, Occupations Code, regarding alleged misconduct by a | ||
representative of 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 ombudsman office established | ||
by the Texas Real Estate Commission under Section 1101.207, | ||
Occupations Code, regarding alleged misconduct by a representative | ||
of the entity while exercising that authority. | ||
SECTION 3. Subchapter E, Chapter 1101, Occupations Code, is | ||
amended by adding Section 1101.207 to read as follows: | ||
Sec. 1101.207. OMBUDSMAN OFFICE FOR LANDOWNERS. (a) The | ||
commission shall establish an ombudsman office within the | ||
commission for the purpose of receiving complaints from and | ||
providing information to landowners whose real property may be | ||
acquired by a governmental or private entity through the use of the | ||
entity's eminent domain authority. | ||
(b) The executive director of the commission shall select | ||
the ombudsman. | ||
(c) The commission shall publish on the commission's | ||
Internet website a form to be used to file complaints with the | ||
ombudsman. | ||
(d) A landowner may file a complaint under this section | ||
against an entity for the alleged misconduct of the entity's | ||
representative. The landowner filing the complaint must provide | ||
proof of ownership of the tract of land the entity seeks to obtain | ||
through the use of eminent domain authority. In this subsection, | ||
"misconduct" means an intentional action that: | ||
(1) misrepresents to the landowner: | ||
(A) the landowner's rights; | ||
(B) the entity's power to condemn; | ||
(C) the intended use of the property; or | ||
(D) the condemnation process; or | ||
(2) constitutes criminal trespass under Section | ||
30.05, Penal Code. | ||
(e) The ombudsman shall provide information to and answer | ||
questions from landowners described by Subsection (a), through the | ||
commission's Internet website and a toll-free telephone number | ||
established by the ombudsman, regarding: | ||
(1) the landowner's bill of rights prepared by the | ||
attorney general under Section 402.031, Government Code; and | ||
(2) the procedures for acquiring real property through | ||
the use of eminent domain authority under Chapter 21, Property | ||
Code, or other law. | ||
(f) Personal information obtained by the ombudsman office | ||
is confidential and is treated in the same manner as information is | ||
treated under Section 1101.2051. | ||
SECTION 4. (a) 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. | ||
(b) Not later than December 1, 2021, the Texas Real Estate | ||
Commission shall: | ||
(1) establish an ombudsman office for landowners as | ||
required by Section 1101.207, Occupations Code, as added by this | ||
Act; and | ||
(2) adopt rules necessary to implement that section. | ||
SECTION 5. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect January 1, 2022. | ||
(b) Section 4 of this Act takes effect September 1, 2021. |