83R517 AJA/PMO-F
	By: Kolkhorst	H.B. No. 476

	A BILL TO BE ENTITLED
	AN ACT
	relating to the repurchase of real property from an entity with
	eminent domain authority.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter B, Chapter 21, Property Code, is
	amended by adding Section 21.0114 to read as follows:
	Sec. 21.0114.  PUBLIC USE DISCLOSURE IN OFFER. An entity
	with eminent domain authority that makes an offer under Section
	21.0113 must state with specificity in the initial and final offers
	the public use for which the entity intends to acquire the property.
	SECTION 2.  Section 21.023, Property Code, is amended to
	read as follows:
	Sec. 21.023.  DISCLOSURE OF INFORMATION REQUIRED AT TIME OF
	ACQUISITION.  An entity with eminent domain authority shall
	disclose in writing to the property owner, at the time of
	acquisition of the property through eminent domain, including an
	acquisition through a purchase made by the entity in connection
	with an initial offer under Section 21.0113, that:
	(1)  the owner or the owner's heirs, successors, or
	assigns may be entitled to:
	(A)  repurchase the property under Subchapter E;
	or
	(B)  request from the entity certain information
	relating to the use of the property and any actual progress made
	toward that use; and
	(2)  the repurchase price is the price paid to the owner
	by the entity at the time the entity acquired the property through
	eminent domain.
	SECTION 3.  The heading to Subchapter E, Chapter 21,
	Property Code, is amended to read as follows:
	SUBCHAPTER E. REPURCHASE OF REAL PROPERTY ACQUIRED THROUGH
	EMINENT DOMAIN [FROM CONDEMNING ENTITY]
	SECTION 4.  Sections 21.101(a) and (b), Property Code, are
	amended to read as follows:
	(a)  A person from whom a real property interest is acquired
	by an entity through eminent domain for a public use, or that
	person's heirs, successors, or assigns, is entitled to repurchase
	the property as provided by this subchapter if:
	(1)  the public use for which the property was acquired
	through eminent domain is canceled before the property is used for
	that public use;
	(2)  no actual progress is made toward the public use
	for which the property was acquired between the date of acquisition
	and the 10th anniversary of that date; [or]
	(3)  the property becomes unnecessary for the public
	use for which the property was acquired, or a substantially similar
	public use, before the 10th anniversary of the date of acquisition;
	or
	(4)  the initial use of the property is not the public
	use for which the property was acquired.
	(b)  In this section, "actual progress" means the completion
	of two or more of the following actions:
	(1)  the performance of a significant amount of labor
	to develop the property or other property acquired for the same
	public use project for which the property owner's property was
	acquired;
	(2)  the provision of a significant amount of materials
	to develop the property or other property acquired for the same
	public use project for which the property owner's property was
	acquired;
	(3)  the hiring of and performance of a significant
	amount of work by an architect, engineer, or surveyor to prepare a
	plan or plat that includes the property or other property acquired
	for the same public use project for which the property owner's
	property was acquired;
	(4)  application for state or federal funds to develop
	the property or other property acquired for the same public use
	project for which the property owner's property was acquired; or
	(5)  application for a state or federal permit to
	develop the property or other property acquired for the same public
	use project for which the property owner's property was acquired[;
	[(6)     the acquisition of a tract or parcel of real
	property adjacent to the property for the same public use project
	for which the owner's property was acquired; or
	[(7)     for a governmental entity, the adoption by a
	majority of the entity's governing body at a public hearing of a
	development plan for a public use project that indicates that the
	entity will not complete more than one action described by
	Subdivisions (1)-(6) before the 10th anniversary of the date of
	acquisition of the property].
	SECTION 5.  Subchapter E, Chapter 21, Property Code, is
	amended by adding Section 21.1015 to read as follows:
	Sec. 21.1015.  APPLICABILITY TO CERTAIN PROPERTY ACQUIRED BY
	PURCHASE.  In this subchapter, a real property interest acquired
	through eminent domain includes a real property interest purchased
	by an entity with eminent domain authority in connection with an
	initial offer under Section 21.0113.
	SECTION 6.  Section 21.102, Property Code, is amended to
	read as follows:
	Sec. 21.102.  NOTICE TO PREVIOUS PROPERTY OWNER REQUIRED.
	Not later than the 180th day after the date an entity that acquired
	a real property interest through eminent domain determines that the
	former property owner is entitled to repurchase the property under
	Section 21.101, the entity shall send by certified mail, return
	receipt requested, to the property owner or the owner's heirs,
	successors, or assigns a notice containing:
	(1)  an identification, which is not required to be a
	legal description, of the property that was acquired;
	(2)  an identification of the public use for which the
	property had been acquired and a statement that:
	(A)  the public use was canceled before the
	property was used for the public use;
	(B)  no actual progress was made toward the public
	use; [or]
	(C)  the property became unnecessary for the
	public use, or a substantially similar public use, before the 10th
	anniversary of the date of acquisition; or
	(D)  the initial use of the property was not the
	public use for which the property was acquired; and
	(3)  a description of the person's right under this
	subchapter to repurchase the property.
	SECTION 7.  The heading to Section 21.1021, Property Code,
	is amended to read as follows:
	Sec. 21.1021.  REQUESTS FOR INFORMATION REGARDING
	[CONDEMNED] PROPERTY ACQUIRED THROUGH EMINENT DOMAIN.
	SECTION 8.  Section 21.1021(a), Property Code, is amended to
	read as follows:
	(a)  After [On or after] the first [10th] anniversary of the
	date on which real property was acquired by an entity through
	eminent domain, a property owner or the owner's heirs, successors,
	or assigns may annually request that the [condemning] entity make a
	determination and provide a statement and other relevant
	information regarding:
	(1)  whether the public use for which the property was
	acquired was canceled before the property was used for the public
	use;
	(2)  whether any actual progress was made toward the
	public use between the date of acquisition and the 10th anniversary
	of that date, including an itemized description of the progress
	made, if applicable; [and]
	(3)  whether the property became unnecessary for the
	public use, or a substantially similar public use, before the 10th
	anniversary of the date of acquisition, if applicable; and
	(4)  whether the initial use of the property was the
	public use for which the property was acquired.
	SECTION 9.  Chapter 21, Property Code, as amended by this
	Act, applies only to a repurchase of a real property interest
	condemned or otherwise purchased in connection with an initial
	offer under Section 21.0113, Property Code, made on or after the
	effective date of this Act.
	SECTION 10.  This Act takes effect September 1, 2013.