The text as introduced · 920 words
89R5298 JBD-D
By: Bell of Montgomery
H.B. No. 2011
A BILL TO BE ENTITLED
AN ACT
relating to the right to repurchase from a condemning entity
certain real property for which ad valorem taxes are delinquent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.101(a), Property Code, is 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 entity that acquired the property through
eminent domain:
(A) has an obligation to pay ad valorem taxes on
the acquired property; and
(B) has failed to pay any ad valorem taxes on the
acquired property before the second anniversary of the date on
which the unpaid taxes became due .
SECTION 2. 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) ad valorem taxes due on the property have not
been paid by the entity before the second anniversary of the date on
which the taxes became due; and
(3) a description of the person's right under this
subchapter to repurchase the property.
SECTION 3. Section 21.1021, Property Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) If a property owner's real property was acquired by an
entity that is responsible for paying ad valorem taxes on the
acquired property, the property owner from whom the property was
acquired or the owner's heirs, successors, or assigns may request
at any time after the 18-month anniversary of the acquisition, but
not more than once annually, that the condemning entity make a
determination and provide a statement and other relevant
information regarding:
(1) whether all ad valorem taxes on the acquired
property have been paid; or
(2) if any ad valorem taxes on the acquired property
have not been paid:
(A) the amount of the unpaid ad valorem taxes;
(B) each due date of any unpaid ad valorem taxes;
and
(C) whether the entity has a good faith intention
to pay the unpaid ad valorem taxes.
SECTION 4. Section 21.103, Property Code, is amended to
read as follows:
Sec. 21.103. RESALE OF PROPERTY; PRICE. (a) Not later than
the 180th day after the date of the postmark on a notice sent under
Section 21.102 or a response to a request made under Section 21.1021
that indicates that the property owner, or the owner's heirs,
successors, or assigns, is entitled to repurchase the property
interest in accordance with Section 21.101, the property owner or
the owner's heirs, successors, or assigns must notify the entity of
the person's intent to repurchase the property interest under this
subchapter.
(a-1) Notwithstanding Subsection (a), a person entitled to
repurchase real property under Section 21.101(a)(4) may inform the
entity that acquired the property of the person's intent to
repurchase the property before notice or information is required or
provided under Section 21.102 or 21.1021.
(b) As soon as practicable after receipt of a notice of
intent to repurchase under this section [ Subsection (a) ], the
entity shall offer to sell the property interest to the person for
the price paid to the owner by the entity at the time the entity
acquired the property through eminent domain. The person's right
to repurchase the property expires on the 90th day after the date on
which the entity makes the offer.
SECTION 5. Subchapter E, Chapter 21, Property Code, as
amended by this Act, applies only to a condemnation proceeding in
which the petition is filed on or after the effective date of this
Act and to any property condemned through the proceeding. A
condemnation proceeding in which the petition is filed before the
effective date of this Act and any property condemned through the
proceeding are governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 6. This Act takes effect September 1, 2025.
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