87(R) HB 902 - Introduced version - Bill Text

	By:  Burns	H.B.  No.  902

	A BILL TO BE ENTITLED
	AN ACT
	relating to the acquisition of real property by an entity with
	eminent domain authority; requiring an occupational license;
	authorizing a fee; providing a civil penalty; imposing a criminal
	penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. INFORMATION FOR LANDOWNERS
	SECTION  1.01.    Subchapter B, Chapter 402, Government Code,
	is amended by adding Section 402.032 to read as follows:
	Sec.  402.032.    OMBUDSMAN FOR LANDOWNERS; LANDOWNER'S BILL OF
	RIGHTS. (a) The attorney general shall establish an ombudsman
	office within the office of the attorney general for the purpose of
	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.  The attorney general shall
	select the ombudsman.
	(b)    The ombudsman shall provide information to and answer
	questions from landowners described by Subsection (a), through the
	attorney general's Internet website and a toll-free telephone
	number established by the ombudsman, regarding:
	(1)    the landowner's bill of rights prescribed by
	Subsection (c); and
	(2)    the procedures for acquiring real property through
	the use of eminent domain authority under Chapter 21, Property
	Code, or other law.
	(c)    The attorney general shall provide notice by
	publication to all counties in the State of Texas and shall make
	available on the attorney general's Internet website a landowner's
	bill of rights that is written in plain language designated to be
	easily understood by the average property owner and to read as
	follows:
	TEXAS LANDOWNER'S BILL OF RIGHTS
	The Texas Constitution gives state and local governments and
	some private entities, such as utility or pipeline entities, the
	legal authority to acquire private property, or a partial interest
	in private property, for public use. This authority is called the
	power of eminent domain.
	In most instances, the power of eminent domain is used to
	acquire property to build large infrastructure projects that
	benefit all Texans, such as highways and roads, power lines, water,
	oil and other common carrier pipelines, and gas utility pipelines,
	and flood control projects. The Texas Constitution does not allow
	an entity to use the power of eminent domain exclusively, for
	private purposes, such as for real estate development or other
	economic purposes. Entities authorized by law to exercise the
	power of eminent domain must do so by following detailed procedures
	found in Chapter 21 of the Texas Property Code or other Texas law.
	An entity that wants to acquire your property for public use must
	compensate you for it.
	Private property rights are cherished by all Texas
	landowners, and your rights are protected by the Texas Constitution
	and the laws that govern the use of the power of eminent domain. If
	you are approached by a public or private entity interested in
	acquiring your property or an interest in your property for public
	use, you should be aware not only of your legal rights, but also of
	certain practical considerations that will help guide you in your
	negotiations.
	YOU HAVE A RIGHT TO ASK QUESTIONS. Who exactly wants the
	property and what does that entity want to do with it? You have a
	right to know the identity of the entity that wants to acquire all
	or part of your property and what the entity plans to do with the
	property.
	DO NOT SIGN A DOCUMENT YOU DON'T UNDERSTAND. If you don't
	understand what is in the document you are being asked to sign, seek
	advice from a trusted source, such as a family member, a fellow
	property owner who has dealt with a similar situation, a real estate
	professional who can help evaluate the property being sought, or an
	attorney who can help you navigate the eminent domain process, if
	that becomes necessary.
	KNOW YOUR LEGAL RIGHTS AND FAMILIARIZE YOURSELF WITH THE
	PROCESS. An entity cannot acquire an interest in your property
	without first providing you with a written offer to buy the
	interest. You can expect to be given the financial basis for the
	offer. You may also request an in-person, remote or telephonic
	meeting with the acquiring entity to discuss the project. You
	should receive the name and contact information of an employee of
	the acquiring entity so you can ask questions.
	NEGOTIATE WITH THE ACQUIRING ENTITY. In the vast majority of
	property acquisitions, the property owner and the acquiring entity