Tex. Gov't Code Section 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 (Eminent Domain), 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 (Eminent Domain), Property Code, including a hearing on the assessment of damages;

(5)

an appeal of a judgment in a condemnation proceeding, including an appeal of an assessment of damages; and

(6)

file a written complaint with the Texas Real Estate Commission under Section 1101.205 (Complaint Investigation of Certificate Holder), Occupations Code, regarding alleged misconduct by a registered easement or right-of-way agent acting on behalf of the entity exercising eminent domain authority.

(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 (Eminent Domain), 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.

(c-1)

The statement must also include an addendum of the terms required for an instrument of conveyance under Section 21.0114 (Required Terms for Instruments of Conveyance of Certain Easements)(c), Property Code, and the terms a property owner may negotiate under Section 21.0114 (Required Terms for Instruments of Conveyance of Certain Easements)(d), Property Code.

(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.

(e)

At least once every two years, the attorney general shall:

(1)

evaluate the landowner’s bill of rights statement, including the addendum required by Subsection (c-1), for compliance with the requirements of this section, including the requirement under Subsection (d) that the statement be written in plain language designed to be easily understood by the average property owner; and

(2)

subject to Subsection (f), make any change to the landowner’s bill of rights statement and addendum that the attorney general determines necessary to comply with the requirements of this section, including making a change to the writing style of the statement or addendum necessary to improve compliance with Subsection (d).

(f)

Before making any changes to the landowner’s bill of rights statement under Subsection (e), the office of the attorney general shall:

(1)

publish the proposed changes in the Texas Register; and

(2)

accept public comment regarding the proposed statement for a reasonable period after the date the proposed statement is published under Subdivision (1).
Added by Acts 2007, 80th Leg., R.S., Ch. 1201 (H.B. 1495), Sec. 2, eff. February 1, 2008.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 826 (H.B. 2730), Sec. 1, eff. January 1, 2022.

Source: Section 402.031 — Preparation of Landowner's Bill of Rights Statement, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­402.­htm#402.­031 (accessed Jun. 5, 2024).

402.001
Assistants
402.002
Register
402.003
Report
402.004
Admission, Agreement, or Waiver
402.005
Acceptance of Gifts, Grants, and Forfeited Assets
402.006
Fees
402.007
Payment to Treasury
402.008
Office
402.009
Authority to Employ and Commission Peace Officers
402.010
Legal Challenges to Constitutionality of State Statutes
402.021
Representation of State
402.023
Corporate Charters
402.024
Defense of District Attorney or Grand Juror
402.025
Property Transactions
402.026
Inspection of Accounts
402.027
Forms
402.028
Assistance to Prosecuting Attorneys
402.029
Notice of Attorney of Record
402.030
Participation by Fathers
402.031
Preparation of Landowner’s Bill of Rights Statement
402.033
Reporting Fraudulent Activities
402.034
Human Trafficking Prevention Coordinating Council
402.035
Human Trafficking Prevention Task Force
402.036
Support Adoption Account
402.037
Support Adoption Advisory Committee
402.038
Transnational and Organized Crime Division
402.039
Domestic Violence High Risk Teams Grant Program
402.041
Definition
402.042
Questions of Public Interest and Official Duties
402.043
Questions Relating to Actions in Which the State Is Interested
402.044
Questions Relating to Bonds
402.045
Limitation
402.0212
Provision of Legal Services--outside Counsel
402.0213
Appearance Through Videoconferencing Technology
402.0231
Corporate Integrity Unit
402.0241
Defense of Local Entities in Suits Related to Immigration Detainer Requests
402.0281
Internet Service Provider Database
402.0351
Required Posting of Human Trafficking Signs by Certain Entities

Accessed:
Jun. 5, 2024

§ 402.031’s source at texas​.gov