The ICSC Texas Government Relations Committee hosted the ICSC Day at the Texas Capitol on February 1. During the day 27 ICSC members met with 13 Texas Senate members and 25 members of the Texas House of Representatives.  

The Texas Legislature finished its fifth week and more than over 2,000 bills have been filed so far.  ICSC is monitoring several private property rights and development bills including:

  • HB 424 by Dan Huberty (R-Humble) would require municipalities to get voter approval from property owners in an area proposed to be annexed prior to annexation of land.
  • HB 528/HJR 40 by Mike Schofield (R-Katy) would require a governmental entity to offer real property acquired through eminent domain to the previous owner at the price the entity paid to acquire the property if the public use for which the property was acquired is cancelled or not actual progress is made toward the public use within ten years of acquisition. And, it would remove from the definition of “actual progress” the acquisition of an adjacent parcel of real property.
  • HB 1135 by Paul Workman (R-Austin) would provide that if a governmental entity requires more than 55 percent of the surface area of an owner’s private property to remain undeveloped, the entity must acquire the property as a conservation easement and compensate the property owner.
  • HB 1175 by Gina Hinojosa (D-Austin) would clarify that property owners within 200 feet of unzoned land have the right to file a written protest to a proposed municipal zoning regulation.
  • SB 555 by Lois Kolkhorst (R-Brenham) would make it a state jail felony for a person to enter or attempt to enter the property of another by asserting the entry is in connection with eminent domain authority of an entity that does not possess eminent domain authority.
  • SB 740 by Lois Kolkhorst (R-Brenham) would update the eminent domain process to require the entity acquiring property by right of eminent domain to disclose to the property owner any new, amended, or updated appraisal report produced or acquired by or on behalf of the entity after making the offer and used in determining the entity’s opinion of value.
  • SB 741 by Lois Kolkhorst (R-Brenham) would allow a bona fide offer to include compensation to the property owner in the form of a royalty or percentage of the net profits generated from the project necessitating the acquisition; and would allow the value of any compensation that the condemning entity has offered the property owner in connection with the proposed condemnation when determining actual damages to a property owner for a condemnation.