88R12650 KBB-F     By: Lozano H.B. No. 3601       A BILL TO BE ENTITLED   AN ACT   relating to a bona fide offer for the acquisition of real property   through condemnation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.0113(b), Property Code, is amended to   read as follows:          (b)  An entity with eminent domain authority has made a bona   fide offer if:                (1)  an initial offer is made in writing to a property   owner that includes:                      (A)  a copy of the landowner's bill of rights   statement prescribed by Section 402.031, Government Code,   including the addendum prescribed by Section 402.031(c-1),   Government Code, if applicable;                      (B)  a statement, in bold print and a larger font   than the other portions of the offer, indicating whether the   compensation being offered includes:                            (i)  damages to the remainder, if any, of the   property owner's remaining property; or                            (ii)  an appraisal of the property,   including damages to the remainder, if any, prepared by a certified   appraiser certified to practice as a certified general appraiser   under Chapter 1103, Occupations Code;                      (C)  an instrument of conveyance, provided that if   the entity is a private entity as defined by Section 21.0114(a), the   instrument must comply with Section 21.0114, as applicable, unless:                            (i)  the entity has previously provided an   instrument complying with Section 21.0114;                            (ii)  the property owner desires to use an   instrument  different than one complying with Section 21.0114 and   consents in writing to use a different instrument; or                            (iii)  the property owner provided the   entity with the instrument prior to the issuance of the initial   offer; and                      (D)  the name and telephone number of a   representative of the entity who is:                            (i)  an employee of the entity;                            (ii)  an employee of an affiliate providing   services on behalf of the entity;                            (iii)  a legal representative of the entity;   or                            (iv)  if the entity does not have employees,   an individual designated to represent the day-to-day operations of   the entity;                (2)  a final offer is made in writing to the property   owner;                (3)  the final offer is made on or after:                      (A)  the 30th day after the date on which the   entity makes a written initial offer to the property owner, if the   final offer is equal to or higher than the initial offer; or                      (B)  the 60th day after the date on which the   entity makes a written initial offer to the property owner, if the   final offer is lower than the initial offer;                (4)  before making a final offer, the entity obtains a   written appraisal from a certified appraiser of the value of the   property being acquired and the damages, if any, to any of the   property owner's remaining property;                (5)  the final offer is equal to or greater than the   amount of the written appraisal obtained by the entity;                (6)  the following items are included with the final   offer or have been previously provided to the owner by the entity:                      (A)  a copy of the written appraisal;                      (B)  a copy of the deed, easement, or other   instrument conveying the property sought to be acquired; and                      (C)  the landowner's bill of rights statement   prescribed by Section 21.0112; and                (7)  the entity provides the property owner with at   least 14 days to respond to the final offer and the property owner   does not agree to the terms of the final offer within that period.          SECTION 2.  The change in law made by this Act applies only   to the acquisition of real property in connection with an initial   offer made under Section 21.0113, Property Code, as amended by this   Act, on or after the effective date of this Act.  An acquisition of   real property in connection with an initial offer made under   Section 21.0113, Property Code, as amended by this Act, before the   effective date of this Act is governed by the law applicable to the   acquisition immediately before the effective date of this Act, and   that law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2023.