Relating to certain requirements in connection with the acquisition of real property for public use by an entity with eminent domain authority.

89(R) SB 292 - Engrossed version - Bill Text

By: Schwertner

S.B. No. 292

A BILL TO BE ENTITLED

AN ACT

relating to certain requirements in connection with the acquisition

of real property for public use by an entity with eminent domain

authority.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 402.031, Government Code, is amended by

amending Subsection (c) and adding Subsection (c-2) to read as

follows:

(c) The statement must include:

(1) the title, "Landowner's Bill of Rights"; and

(2) a description of:

(A) the condemnation procedure provided by

Chapter 21, Property Code;

(B) the condemning entity's obligations to the

property owner
, including the responsibility for any damages

arising from an examination or survey of the property
; [
and
]

(C) the property owner's options during a

condemnation, including the property owner's right to
:

(i)

refuse to grant permission to the

condemning entity to enter the property and conduct an examination

or survey of the property;

(ii)

negotiate the terms of the examination

or survey of the property; and

(iii)
object to and appeal an amount of

damages awarded
; and

(D)

the condemning entity's right to sue for a

court order authorizing the examination or survey if the property

owner refuses to grant permission for the examination or survey
.

(c-2)

The statement must disclose that a condemning entity,

other than an entity acquiring property as authorized under

Subchapter D, Chapter 203, Transportation Code, that makes an

initial offer under Section 21.0113, Property Code, that includes

real property that the entity does not seek to acquire by

condemnation shall in the initial offer:

(1)

separately identify the real property that the

entity does not seek to acquire by condemnation; and

(2)

make an offer for the real property that the entity

does not seek to acquire by condemnation separate from the offer

made for the real property sought to be acquired by condemnation.

SECTION 2. Subchapter B, Chapter 21, Property Code, is

amended by adding Section 21.01101 to read as follows:

Sec.

21.01101.

SURVEY PERMISSION FORM. If an entity with

eminent domain authority provides a form to an owner of real

property requesting the owner's permission to enter the property to

examine the property or conduct a survey of the property in

connection with the potential acquisition of the property for a

public use, the form must conspicuously state that:

(1)

the owner has a right to refuse to grant permission

to the entity to enter the property and conduct the examination or

survey;

(2)

the entity has a right to sue for a court order

authorizing the entity to enter the property and conduct the

examination or survey if the owner refuses to grant the permission;

(3)

the owner has a right to negotiate the terms of the

examination or survey of the property; and

(4)

the entity has the responsibility for any damages

arising from an examination or survey of the property.

SECTION 3. Section 21.0112(a), Property Code, is amended to

read as follows:

(a)
At the time
[
Not later than the seventh day before the

date
] a governmental or private entity with eminent domain

authority makes
an initial
[
a final
] offer to a property owner to

acquire real property, the entity must send by first-class mail or

otherwise provide a landowner's bill of rights statement provided

by Section 402.031, Government Code, to the last known address of

the person in whose name the property is listed on the most recent

tax roll of any appropriate taxing unit authorized by law to levy

property taxes against the property. In addition to the other

requirements of this subsection, an entity with eminent domain

authority shall provide a copy of the landowner's bill of rights

statement to a landowner before or at the same time as the entity

first represents in any manner to the landowner that the entity

possesses eminent domain authority.

SECTION 4. 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,
provided

in accordance with Section 21.0112 and
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 the 30th day

after the date on which the entity makes a written initial offer to

the property owner;

(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;
and

(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 5. Subchapter B, Chapter 21, Property Code, is

amended by adding Section 21.0115 to read as follows:

Sec.

21.0115.

OFFER TO ACQUIRE ADDITIONAL PROPERTY;

EXCEPTION. (a)

Except as provided by Subsection (b), a condemning

entity that makes an initial offer under Section 21.0113 that

includes real property that the entity does not seek to acquire by

condemnation shall in the initial offer:

(1)

separately identify the real property that the

entity does not seek to acquire by condemnation; and

(2)

make an offer for the real property that the entity

does not seek to acquire by condemnation separate from the offer

made for the real property sought to be acquired by condemnation.

(b)

Subsection (a) does not apply to an acquisition of real

property under Subchapter D, Chapter 203, Transportation Code.

SECTION 6. 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 January 1, 2026.

SECTION 7. The changes in law made by this Act to Sections

21.0112 and 21.0113, Property Code, apply only to the acquisition

of real property in connection with an initial offer made under

Section 21.0113, Property Code, on or after the effective date of

this Act. The acquisition of real property in connection with an

initial offer made under Section 21.0113, Property Code, before the

effective date of this Act is governed by the law as it existed

immediately before the effective date of this Act, and that law is

continued in effect for that purpose.

SECTION 8. This Act takes effect January 1, 2026.