88R12650 KBB-F
 
  By: Hinojosa S.B. No. 2311
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.