Bill Text: TX HB4186 | 2021-2022 | 87th Legislature | Comm Sub

Texas House Bill 4186 (Prior Session Legislation)

Bill Title: Relating to a written appraisal required for a bona fide offer to acquire real property by an entity with eminent domain authority.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-05-06 - Committee report sent to Calendars [HB4186 Detail]

Download: Texas-2021-HB4186-Comm_Sub.html

	87R19177 BEE-F

	By: González of El Paso	H.B. No. 4186

	Substitute the following for H.B. No. 4186:

	By: Leman	C.S.H.B. No. 4186



	A BILL TO BE ENTITLED
	AN ACT
	relating to a written appraisal required for a bona fide offer to
	acquire real property by an entity with eminent domain authority.
	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;
	(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 as defined by Section
	1103.003, Occupations Code, 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 a final offer
	made under Chapter 21, Property Code, on or after the effective date
	of this Act. An acquisition of real property in connection with a
	final offer made under Chapter 21, Property Code, 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, 2021.