HB2011 - Relating to the right to repurchase from a condemning entity certain real property for which ad valorem taxes are delinquent.

      H.B. No. 2011         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 ;                 (4)     the entity that acquired the property through   eminent domain:                       (A)     has an obligation to pay ad valorem taxes on   the acquired property;                       (B)     has received a tax bill from the taxing   authority for the ad valorem taxes on the acquired property; and                       (C)     has failed to pay any ad valorem taxes on the   acquired property before the third anniversary of the date on which   the unpaid taxes became due; or                 (5)  the entity:                       (A)     acquired through eminent domain a fee simple   interest in the property;                       (B)     has an obligation to pay ad valorem taxes on   the acquired property;                       (C)     has received a tax bill from the taxing   authority for the ad valorem taxes on the acquired property; and                       (D)     has failed to pay any ad valorem taxes on the   acquired property before the third 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 third 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 Subsections (a-1) and (a-2) 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.           (a-2)     If a fee simple interest   in a property owner's real   property was acquired by an entity that is responsible for paying ad   valorem taxes on the acquired property and the acquired property is   undeveloped, 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 and before the   10th 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) or (5) 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.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 2011 was passed by the House on May   14, 2025, by the following vote:  Yeas 136, Nays 0, 2 present, not   voting; that the House refused to concur in Senate amendments to   H.B. No. 2011 on May 27, 2025, and requested the appointment of a   conference committee to consider the differences between the two   houses; and that the House adopted the conference committee report   on H.B. No. 2011 on May 31, 2025, by the following vote:  Yeas 133,   Nays 0, 2 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 2011 was passed by the Senate, with   amendments, on May 23, 2025, by the following vote:  Yeas 31, Nays   0; at the request of the House, the Senate appointed a conference   committee to consider the differences between the two houses; and   that the Senate adopted the conference committee report on H.B. No.   2011 on May 30, 2025, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor