House Committee on Land & Resource Management
The committee has requested written submissions on the following topics. Below are resources related to those topics.
Charge 1: Conduct active oversight of all associated rulemaking and other governmental actions taken to ensure intended legislative outcome of all legislation, including HB 347, which eliminates the distinction between Tier 1 and Tier 2 counties and municipalities so that all cities are prohibited from using forced annexation. Determine if there is a need for further annexation legislation in Texas. Study how implementation of voter-approved annexation impacts the need for extraterritorial jurisdiction:
- Municipal Annexation in Texas, Texas Municipal League, Updated January 2020 (including impact of HB 347, 86th Legislature)
- "Municipal Annexation Reform in Texas: How a Victory For Property Rights Jeopardizes the State's Financial Health," 50 St. Mary's Law Journal 711 (August 2019)
- Interim Report to the 86th Legislature (Legislative Interim Charge 1 – ETJ Limitations and Notice), Senate Committee on Intergovernmental Relations, November 2018
Charge 2: Review, in coordination with the Office of Attorney General, the efficacy of the Landowner's Bill of Rights (LBoR) in explaining to landowners the eminent domain condemnation process and their rights and responsibilities under Chapter 21 of the Property Code. Identify any omitted information which can enhance the landowner's understanding of the condemnation process and determine whether any other changes should be made to the document to make it more user friendly. Determine whether it would be beneficial for the legislature to be more prescriptive in statute with the mandatory contents of the LBoR.
- HB 1495, 80th Regular Session, Relating to a bill of rights for property owners whose property may be acquired by governmental or private entities through the use of eminent domain authority.
Charge 3: Study property owner's rights in eminent domain to examine and make recommendations on what should and should not constitute an actual progress to ensure the right of property owners to repurchase property seized through eminent domain by a condemning entity.
- Eminent Domain in Texas: A Landowner’s Guide, Texas A&M AgriLife Extension, Texas Farm Bureau, March, 2020
- Eminent Domain (Educational series), Texas Department of Transportation, 2019-20
- Texas Eminent Domain Law (Research guide), Texas A&M University School of Law, January 17, 2018
- Law and Policy Resource Guide: A Survey of Eminent Domain Law in Texas and the Nation, Texas A&M University School of Law, January 2017
- Interim Report to the 85th Legislature (Charge 5 – Eminent Domain), Senate Committee on State Affairs, November 2016
- Understanding the Condemnation Process in Texas, Texas A&M University Real Estate Center, Revised July 2015
- The State of Texas Landowner's Bill of Rights, Office of the Attorney General, March 2012
- Interim Report to the 81st Texas Legislature (Charge – Eminent Domain), House Committee on Land and Resource Management, December 2008
Charge 4: Monitor the State Auditor's review of agencies and programs under the Committee's jurisdiction. The Chair shall seek input and periodic briefings on completed audits for the 2019 and 2020 fiscal years and bring forth pertinent issues for full Committee consideration.