Bill Text: TX SB2311 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a bona fide offer for the acquisition of real property through condemnation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to State Affairs [SB2311 Detail]
Download: Texas-2023-SB2311-Introduced.html
| 88R12650 KBB-F | ||
| By: Hinojosa | S.B. No. 2311 | |
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| relating to a bona fide offer for the acquisition of real property | ||
| through condemnation. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 21.0113(b), Property Code, is amended to | ||
| read as follows: | ||
| (b) An entity with eminent domain authority has made a bona | ||
| fide offer if: | ||
| (1) an initial offer is made in writing to a property | ||
| owner that includes: | ||
| (A) a copy of the landowner's bill of rights | ||
| statement prescribed by Section 402.031, Government Code, | ||
| including the addendum prescribed by Section 402.031(c-1), | ||
| Government Code, if applicable; | ||
| (B) a statement, in bold print and a larger font | ||
| than the other portions of the offer, indicating whether the | ||
| compensation being offered includes: | ||
| (i) damages to the remainder, if any, of the | ||
| property owner's remaining property; or | ||
| (ii) an appraisal of the property, | ||
| including damages to the remainder, if any, prepared by a certified | ||
| appraiser certified to practice as a certified general appraiser | ||
| under Chapter 1103, Occupations Code; | ||
| (C) an instrument of conveyance, provided that if | ||
| the entity is a private entity as defined by Section 21.0114(a), the | ||
| instrument must comply with Section 21.0114, as applicable, unless: | ||
| (i) the entity has previously provided an | ||
| instrument complying with Section 21.0114; | ||
| (ii) the property owner desires to use an | ||
| instrument different than one complying with Section 21.0114 and | ||
| consents in writing to use a different instrument; or | ||
| (iii) the property owner provided the | ||
| entity with the instrument prior to the issuance of the initial | ||
| offer; and | ||
| (D) the name and telephone number of a | ||
| representative of the entity who is: | ||
| (i) an employee of the entity; | ||
| (ii) an employee of an affiliate providing | ||
| services on behalf of the entity; | ||
| (iii) a legal representative of the entity; | ||
| or | ||
| (iv) if the entity does not have employees, | ||
| an individual designated to represent the day-to-day operations of | ||
| the entity; | ||
| (2) a final offer is made in writing to the property | ||
| owner; | ||
| (3) the final offer is made on or after: | ||
| (A) the 30th day after the date on which the | ||
| entity makes a written initial offer to the property owner, if the | ||
| final offer is equal to or higher than the initial offer; or | ||
| (B) the 60th day after the date on which the | ||
| entity makes a written initial offer to the property owner, if the | ||
| final offer is lower than the initial offer; | ||
| (4) before making a final offer, the entity obtains a | ||
| written appraisal from a certified appraiser of the value of the | ||
| property being acquired and the damages, if any, to any of the | ||
| property owner's remaining property; | ||
| (5) the final offer is equal to or greater than the | ||
| amount of the written appraisal obtained by the entity; | ||
| (6) the following items are included with the final | ||
| offer or have been previously provided to the owner by the entity: | ||
| (A) a copy of the written appraisal; | ||
| (B) a copy of the deed, easement, or other | ||
| instrument conveying the property sought to be acquired; and | ||
| (C) the landowner's bill of rights statement | ||
| prescribed by Section 21.0112; and | ||
| (7) the entity provides the property owner with at | ||
| least 14 days to respond to the final offer and the property owner | ||
| does not agree to the terms of the final offer within that period. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to the acquisition of real property in connection with an initial | ||
| offer made under Section 21.0113, Property Code, as amended by this | ||
| Act, on or after the effective date of this Act. An acquisition of | ||
| real property in connection with an initial offer made under | ||
| Section 21.0113, Property Code, as amended by this Act, before the | ||
| effective date of this Act is governed by the law applicable to the | ||
| acquisition immediately before the effective date of this Act, and | ||
| that law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
