Hearing Alert AGAINST SB 291 and SB 292
Thursday, May 8, 2025, 8:00a

by Carol Sims | May 2, 2025

House Land & Resource Management
8:00, Thursday, May 8, 2025
E2.026
Hearing Notice
Video Link

Two action items requested. Both of these steps are important.

1. Now through Thursday: Please file a brief statement of opposition against each bill, SB 291 and SB 292, on the House public comment portal here: https://comments.house.texas.gov/home?c=c360This portal is open now and will close when the bill is heard on Thursday.

2 VERY IMPORTANT: Thursday morning at 8:00am: Please attend the hearing or send a representative to sign witness cards AGAINST SB 291 and SB 292.
If you are unable to attend the hearing, you may enter public comments in opposition here: https://comments.house.texas.gov/home?c=c360

The Coalition for Critical Infrastructure worked with stakeholder groups for six years to address concerns with the eminent domain process. Although we were not able to reach consensus on every issue, we were able to make meaningful changes in 2021 resulting in the passage of HB 2730. At that time, most of the stakeholders agreed to refrain from pursuing further changes in the near term. SB 291 and SB 292 simply retread language where we could not reach consensus in 2021.

SB 291 by Schwertner (R-Georgetown): Amends §21.0111(a), Property Code, to make the entity liable for the property owner’s attorney’s fees if the entity fails to disclose all appraisal reports produced or acquired by the entity relating specifically to the owner’s property in the 10 years preceding the date of the offer. Passed Senate on 4/10.

SB 292 by Schwertner (R-Georgetown): Amends § 402.031(c), Government Code, to add to the LOBR: the condemning entity’s responsibility for any damages arising from the survey, the property owner’s option to refusing permission for the entity to enter the property for the survey, the property owner’s right to negotiate the terms of the entry, and the entity’s right to sue for a court order authorizing the entry. Further requires the entity (other than TXDOT) that makes an initial offer that includes real property that the entity does not seek to acquire by condemnation to separately identify such property in the initial offer and make a separate offer for such property. Adds § 21.01101, Property Code, to require a survey permission form to state that the owner has a right to refuse, that the entity has a right to sue for entry, that the owner has a right to negotiate terms of entry, and that the entity has a responsibility for damages. Amends § 21.0112(a), Property Code, to require provision of the LOBR at the time the entity makes the initial offer. Adds § 21.0115, Property Code, to require the entity (other than TXDOT) that makes an initial offer that includes real property that the entity does not seek to acquire by condemnation to separately identify such property in the initial offer and make a separate offer for such property.

Taking too long?

Reload document

Open in new tab

Download [367.56 KB]

2025 Eminent Domain bill to watch

HB 243 by Spiller (R-Jacksboro): Authorizes the attorney general to initiate an eminent domain proceeding to acquire real property owned by an alien or foreign entity relating to critical infrastructure if the attorney general has reason to believe and shows that the real property is being used in a manner that violates state or federal law or creates a risk to the state’s critical infrastructure. Gives the General Land Office control and management of condemned property.

HB 546 by C. Bell (R-Magnolia): Amends § 23.56, Tax Code, to qualify land for appraisal as open-space land if the land is owned by an entity other than the state or political subdivision that acquired the land by condemnation.

HB 1722 by Tepper (R-Lubbock): Bars TxDOT from prohibiting the owner of property within a highway right-of-way from accessing property in the right-of-way if the property was constructed before TxDOT assumed authority over the right-of-way.

HB 2011 by C. Bell (R-Magnolia): Amends § 21.101(a), Property Code, to entitle a person from whom an entity has acquired property through eminent domain to repurchase the property if the acquiring entity has an obligation to pay property taxes on the property and failed to them before the second anniversary of the date on which the unpaid taxes became due. Makes a conforming change to § 21.102 (notice to previous property owner of right to repurchase). Amends § 21.1021 to entitle a property owner from whom property was acquired (or the owner’s heirs, successors, or assigns) to request at any time after the 18-month anniversary of the acquisition that the acquiring entity provide a statement regarding whether all property taxes have been paid, and, if any taxes haven’t been paid, the amount of the unpaid taxes, each due date for the taxes, and whether the entity has a good faith intention to pay the taxes. Amends § 21.103 to allow a property owner entitled to repurchase property for unpaid property taxes to inform the entity of the owner’s intent to repurchase before the notice required under §§ 21.102 or 21.1021.

HB 2706 by Zwiener (D-Driftwood): Amends § 21.02(a), Property Code, to block a condemnor from taking possession of the property for 180 days from the date of the special commissioners’ award, unless the parties agree otherwise. Permits a city, irrigation district, water improvement district, or water power control district to take immediate possession if it pays or deposits the amount of the award.

HB 5245 by Lozano (R-Kingsville): Makes numerous changes to Chapter 21, Property Code.

Amends § 21.0113 to require an eminent domain authority’s bona fide offer to include with the initial offer an offer of compensation equal to or greater than: (1) the market value of the property plus an estimate of damages, based on a third party appraisal; or (2) the estimated price or market value based on at least three comparable arm’s-length sales of a fee simple property, plus estimated damages based on a comparative market analysis prepared by a qualified third-party, a broker price opinion, or third-party market study;
Requires the condemnor to provide the complete written report of the appraisal, market analysis, broker price opinion, market study, or anything else the condemnor may have;
Requires the offer to include notice of terms for which the owner may negotiate;
Requires notice to the county judge;
Authorizes a real estate broker to prepare an estimated price based on a comparative market analysis, broker price opinion, market study, or summary of a market study;
Removes from the statutory easement terms the existing protection from the entity’s obligation to restore the easement area for safety or operational needs of electrical facilities;
Requires the easement terms to include applicable insurance or self-insurance provided by the entity;
Adds § 21.0115 to require a private entity to send written notice of intent to the county judge specifying the public use and identifying the route;
Amends § 21.012 to require a petition filed by an entity to state the terms to be included in the conveyance;
Adds Subchapter B-1, Chapter 21, to apply only to electric utilities and pipelines seeking to acquire for the same project 25 or more tracts owned by at least 25 separate and unaffiliated owners (does not apply to PUC-regulated electric transmission entities or an industrial property);
Requires written notice to owners prior to initial offer of the owner’s right to participate in a meeting to discuss the project (specifies the content of the meeting to include what will be in the pipeline and which regulatory filings will be made);
Requires a property owner meeting for each contiguous linear section of the proposed route equal to or less than 100 miles in length;
Specifies meeting location within 50 miles or less for a majority of owners to begin not earlier than 5:30 pm;
Specifies who may attend, including the owner’s attorney or licensed appraiser, up to 5 people per tract;
Establishes a lengthy statutory agenda for the meeting;
Bars contacting an owner until 3 days after the meeting;
Requires the same process with respect to a re-route;
Owner may petition the court for noncompliance seeking abatement of the project and recovery of attorney’s fees and costs;
Specifies particular requirements for electric transmission entities regulated by the PUC;
Amends § 21.042 to require the special commissioners to consider an injury or benefit to the property as a result of the characteristics, size, or visibility of any infrastructure on the property, any limitation of future expansion, and terms of the easement or alignment of the easement.

HB 5417 by Lozano (R-Kingsville): Amends § 21.0113(b), Property Code, to require a final offer to be equal to or higher than the initial offer, or the 60^th day after the date on which the entity makes a written initial offer, if the final offer is lower than the initial offer.

SB 316 by Creighton (R-Conroe): Gives the Facilities Commission the power of eminent domain for purposes of acquiring real property for the construction of a border wall.

SB 363 by Eckhardt (D-Austin): Amends § 21.041, Property Code, to require special commissioners to admit evidence of the market value of the property’s highest and best use without consideration of the property’s conservation easement status. Provides that if the entire tract or parcel that is subject to a conservation easement is condemned, the damage to the property is the market value of the property’s highest and best use without consideration of the easement. Provides that if part of a tract subject to a conservation easement is condemned, the commissioners shall determine damage by estimating the extent of the injury and benefit to the owner based on the property’s highest and best use without the easement status and including the effect of the taking on the owner’s remaining property, based on the remainder’s highest and best use without consideration of the easement.