Sec. 402.031.  PREPARATION OF LANDOWNER'S BILL OF RIGHTS

 

 

STATEMENT. (a) The attorney general shall prepare a written

 

statement that includes a bill of rights for a property owner whose

 

real property may be acquired by a governmental or private entity

 

through the use of the entity's eminent domain authority under

 

Chapter 21, Property Code.

 

       (b)  The landowner's bill of rights must notify each property

 

owner that the property owner has the right to:

 

             (1)  notice of the proposed acquisition of the owner's

 

property;

 

             (2)  a bona fide good faith effort to negotiate by the

 

entity proposing to acquire the property;

 

             (3)  an assessment of damages to the owner that will

 

result from the taking of the property;

 

             (4)  a hearing under Chapter 21, Property Code,

 

including a hearing on the assessment of damages; and

 

             (5)  an appeal of a judgment in a condemnation

 

proceeding, including an appeal of an assessment of damages.

 

       (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; and

 

                   (C)  the property owner's options during a

 

condemnation, including the property owner's right to object to and

 

appeal an amount of damages awarded.

 

       (d)  The office of the attorney general shall:

 

             (1)  write the statement in plain language designed to

 

be easily understood by the average property owner; and

 

             (2)  make the statement available on the attorney

 

general's Internet website.

 

       SECTION 3.  Subchapter B, Chapter 21, Property Code, is

 

amended by adding Section 21.0112 to read as follows:

 

       Sec. 21.0112.  PROVISION OF LANDOWNER'S BILL OF RIGHTS

 

STATEMENT REQUIRED. (a) Before a governmental or private entity

 

with eminent domain authority begins negotiating with 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.

 

       (b)  The statement must be:

 

             (1)  printed in an easily readable font and type size;

 

and

 

             (2)  if the entity is a governmental entity, made

 

available on the Internet website of the entity if technologically

 

feasible.