reglab/housing_qa huggingface dataset:
TX Prop § 5.203 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter G. Certain Private Transfer Fees Prohibited; Preservation of Private Real Property Rights|Section 5.203. Notice Requirements for Continuation of Existing Private Transfer Fee Obligations

Sec. 5.203.  NOTICE REQUIREMENTS FOR CONTINUATION OF EXISTING PRIVATE TRANSFER FEE OBLIGATIONS.  (a)  A person who receives a private transfer fee under a private transfer fee obligation created before the effective date of this subchapter must, on or before January 31, 2012, file for record a "Notice of Private Transfer Fee Obligation" as provided by this section in the real property records of each county in which the property is located.(b)  Multiple payees of a single private transfer fee under a private transfer fee obligation must designate one payee as the payee of record for the fee.(c)  A notice under Subsection (a) must:(1)  be printed in at least 14-point boldface type;(2)  state the amount of the private transfer fee and the method of determination, if applicable;(3)  state the date or any circumstance under which the private transfer fee obligation expires, if any;(4)  state the purpose for which the money from the private transfer fee obligation will be used;(5)  notwithstanding Subsection (b), state the name of each payee and each payee's contact information;(6)  state the name and address of the payee of record to whom the payment of the fee must be sent;(7)  include the acknowledged signature of each payee or authorized representative of each payee; and(8)  state the legal description of the property subject to the private transfer fee obligation.(d)  A person required to file a notice under this section shall:(1)  refile the notice described by this section not earlier than the 30th day before the third anniversary of the original filing date described by Subsection (a) and within a similar 30-day period every third year thereafter; and(2)  amend the notice to reflect any change in the name or address of any payee included in the notice not later than the 30th day after the date the change occurs.(e)  A person who amends a notice under Subsection (d)(2) must include:(1)  the recording information of the original notice filed as required by this section; and(2)  the legal description of the property subject to the private transfer fee obligation.(f)  If a person required to file a notice under this section fails to comply with this section:(1)  payment of the private transfer fee may not be a requirement for the conveyance of an interest in the property to a purchaser;(2)  the property is not subject to further obligation under the private transfer fee obligation; and(3)  the private transfer fee obligation is void.|Added by Acts 2011, 82nd Leg., R.S., Ch. 211 (H.B. 8), Sec. 1, eff. June 17, 2011.|
TX Prop § 5.204 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter G. Certain Private Transfer Fees Prohibited; Preservation of Private Real Property Rights|Section 5.204. Additional Compliance Requirement: Timely Acceptance of Fees Paid Under Existing Private Transfer Fee Obligations

Sec. 5.204.  ADDITIONAL COMPLIANCE REQUIREMENT:  TIMELY ACCEPTANCE OF FEES PAID UNDER EXISTING PRIVATE TRANSFER FEE OBLIGATIONS.  (a)  The payee of record on the date a private transfer fee is paid under a private transfer fee obligation subject to Section 5.203 must accept the payment on or before the 30th day after the date the payment is tendered to the payee.(b)  If the payee of record fails to comply with Subsection (a):(1)  the payment must be returned to the remitter;(2)  payment of the private transfer fee may not be a requirement for the conveyance of an interest in the property to a purchaser; and(3)  the property is not subject to further obligation under the private transfer fee obligation.|Added by Acts 2011, 82nd Leg., R.S., Ch. 211 (H.B. 8), Sec. 1, eff. June 17, 2011.|
TX Prop § 5.205 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter G. Certain Private Transfer Fees Prohibited; Preservation of Private Real Property Rights|Section 5.205. Disclosure of Existing Transfer Fee Obligation Required in Contract for Sale

Sec. 5.205.  DISCLOSURE OF EXISTING TRANSFER FEE OBLIGATION REQUIRED IN CONTRACT FOR SALE.  A seller of real property that may be subject to a private transfer fee obligation shall provide written notice to a potential purchaser stating that the obligation may be governed by this subchapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 211 (H.B. 8), Sec. 1, eff. June 17, 2011.|
TX Prop § 5.206 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter G. Certain Private Transfer Fees Prohibited; Preservation of Private Real Property Rights|Section 5.206. Waiver Void

Sec. 5.206.  WAIVER VOID.  A provision that purports to waive a purchaser's rights under this subchapter is void.|Added by Acts 2011, 82nd Leg., R.S., Ch. 211 (H.B. 8), Sec. 1, eff. June 17, 2011.|
TX Prop § 5.207 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter G. Certain Private Transfer Fees Prohibited; Preservation of Private Real Property Rights|Section 5.207. Injunctive or Declaratory Relief; Providing Penalties

Sec. 5.207.  INJUNCTIVE OR DECLARATORY RELIEF; PROVIDING PENALTIES.  (a)  The attorney general may institute an action for injunctive or declaratory relief to restrain a violation of this subchapter.(b)  In addition to instituting an action for injunctive or declaratory relief under Subsection (a), the attorney general may institute an action for civil penalties against a payee for a violation of this chapter.  Except as provided by Subsection (c), a civil penalty assessed under this section may not exceed an amount equal to two times the amount of the private transfer fee charged or collected by the payee in violation of this subchapter.(c)  If the court in which an action under Subsection (b) is pending finds that a payee violated this subchapter with a frequency that constitutes a pattern or practice, the court may assess a civil penalty not to exceed $250,000.(d)  The comptroller shall deposit to the credit of the general revenue fund all money collected under this section.|Added by Acts 2011, 82nd Leg., R.S., Ch. 211 (H.B. 8), Sec. 1, eff. June 17, 2011.|
TX Prop § 21.001 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter A. Jurisdiction|Section 21.001. Concurrent Jurisdiction

Sec. 21.001.  CONCURRENT JURISDICTION.  District courts and county courts at law have concurrent jurisdiction in eminent domain cases.  A county court has no jurisdiction in eminent domain cases.|Acts 1983, 68th Leg., p. 3498, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 21.002 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter A. Jurisdiction|Section 21.002. Transfer of Cases

Sec. 21.002.  TRANSFER OF CASES.  If an eminent domain case is pending in a county court at law and the court determines that the case involves an issue of title or any other matter that cannot be fully adjudicated in that court, the judge shall transfer the case to a district court.|Acts 1983, 68th Leg., p. 3498, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 21.003 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter A. Jurisdiction|Section 21.003. District Court Authority

Sec. 21.003.  DISTRICT COURT AUTHORITY.  A district court may determine all issues, including the authority to condemn property and the assessment of damages, in any suit:(1)  in which this state, a political subdivision of this state, a person, an association of persons, or a corporation is a party;  and(2)  that involves a claim for property or for damages to property occupied by the party under the party's eminent domain authority or for an injunction to prevent the party from entering or using the property under the party's eminent domain authority.|Acts 1983, 68th Leg., p. 3498, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 21.0101 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.0101. Effect of Chapter on Survey Access Rights

Sec. 21.0101.  EFFECT OF CHAPTER ON SURVEY ACCESS RIGHTS.  Nothing in this chapter prevents an entity from seeking survey access rights as provided by law.|Added by Acts 2021, 87th Leg., R.S., Ch. 826 (H.B. 2730), Sec. 5, eff. January 1, 2022.|
TX Prop § 21.011 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.011. Standard Procedure

Sec. 21.011.  STANDARD PROCEDURE.  Exercise of the eminent domain authority in all cases is governed by Sections 21.012 through 21.016 of this code.|Acts 1983, 68th Leg., p. 3498, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 21.0111 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.0111. Disclosure of Certain Information Required; Initial Offer

Sec. 21.0111.  DISCLOSURE OF CERTAIN INFORMATION REQUIRED; INITIAL OFFER.  (a)  An entity with eminent domain authority that wants to acquire real property for a public use shall, by certified mail, return receipt requested, disclose to the property owner at the time an offer to purchase or lease the property is made any and all appraisal reports produced or acquired by the entity relating specifically to the owner's property and prepared in the 10 years preceding the date of the offer.(a-1)  An entity seeking to acquire real property through the use of eminent domain shall, not later than the third business day before the date of a special commissioner's hearing, disclose to the property owner any and all current and existing appraisal reports produced or acquired by the entity relating specifically to the owner's property and used in determining the entity's opinion of value, if an appraisal report is to be used at the hearing.(b)  A property owner shall disclose to the entity seeking to acquire the property any and all current and existing appraisal reports produced or acquired by the property owner relating specifically to the owner's property and used in determining the owner's opinion of value.  Such disclosure shall take place not later than the earlier of:(1)  the 10th day after the date of receipt of an appraisal report; or(2)  the third business day before the date of a special commissioner's hearing if an appraisal report is to be used at the hearing.(c)  An entity seeking to acquire property that the entity is authorized to obtain through the use of eminent domain may not include a confidentiality provision in an offer or agreement to acquire the property.  The entity shall inform the owner of the property that the owner has the right to:(1)  discuss any offer or agreement regarding the entity's acquisition of the property with others; or(2)  keep the offer or agreement confidential, unless the offer or agreement is subject to Chapter 552, Government Code.(d)  A subsequent bona fide purchaser for value from the acquiring entity may conclusively presume that the requirement of this section has been met.  This section does not apply to acquisitions of real property for which an entity does not have eminent domain authority.|Added by Acts 1995, 74th Leg., ch. 566, Sec. 1, eff. Aug. 28, 1995.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 7, eff. September 1, 2011.Acts 2021, 87th Leg., R.S., Ch. 54 (S.B. 721), Sec. 1, eff. September 1, 2021.|
TX Prop § 21.0112 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.0112. Provision of Landowner's Bill of Rights Statement Required

Sec. 21.0112.  PROVISION OF LANDOWNER'S BILL OF RIGHTS STATEMENT REQUIRED.  (a)  Not later than the seventh day before the date a governmental or private entity with eminent domain authority makes a final offer to a property owner to acquire real property, the entity must send by first-class mail or otherwise provide a landowner's bill of rights statement provided by Section 402.031, Government Code, to the last known address of the person in whose name the property is listed on the most recent tax roll of any appropriate taxing unit authorized by law to levy property taxes against the property.  In addition to the other requirements of this subsection, an entity with eminent domain authority shall provide a copy of the landowner's bill of rights statement to a landowner before or at the same time as the entity first represents in any manner to the landowner that the entity possesses eminent domain authority.(b)  The statement must be:(1)  printed in an easily readable font and type size; and(2)  if the entity is a governmental entity, made available on the Internet website of the entity if technologically feasible.|Added by Acts 2007, 80th Leg., R.S., Ch. 1201 (H.B. 1495), Sec. 3, eff. February 1, 2008.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1145 (H.B. 2685), Sec. 1, eff. January 15, 2010.|
TX Prop § 21.012 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.012. Condemnation Petition

Sec. 21.012.  CONDEMNATION PETITION.  (a)  If an entity with eminent domain authority wants to acquire real property for public use but is unable to agree with the owner of the property on the amount of damages, the entity may begin a condemnation proceeding by filing a petition in the proper court.(b)  The petition must:(1)  describe the property to be condemned;(2)  state with specificity the public use for which the entity intends to acquire the property;(3)  state the name of the owner of the property if the owner is known;(4)  state that the entity and the property owner are unable to agree on the damages;(5)  if applicable, state that the entity provided the property owner with the landowner's bill of rights statement in accordance with Section 21.0112; and(6)  state that the entity made a bona fide offer to acquire the property from the property owner voluntarily as provided by Section 21.0113.(c)  An entity that files a petition under this section must concurrently provide a copy of the petition to the property owner by certified mail, return receipt requested, and first class mail.  If the entity has received written notice that the property owner is represented by counsel, the entity must also concurrently provide a copy of the petition to the property owner's attorney by first class mail, commercial delivery service, fax, or e-mail.|Acts 1983, 68th Leg., p. 3498, ch. 576, Sec. 1, eff. Jan. 1, 1984.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1201 (H.B. 1495), Sec. 4, eff. February 1, 2008.Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 9, eff. September 1, 2011.Acts 2021, 87th Leg., R.S., Ch. 826 (H.B. 2730), Sec. 8, eff. January 1, 2022.|
TX Prop § 21.0121 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.0121. Condemnation to Acquire Water Rights

Sec. 21.0121.  CONDEMNATION TO ACQUIRE WATER RIGHTS.  (a)  In addition to the contents prescribed by Section 21.012(b), a condemnation petition filed by a political subdivision of this state for the purpose of acquiring rights to groundwater or surface water must state that the facts to be proven are that the political subdivision has:(1)  prepared a drought contingency plan;(2)  developed and implemented a water conservation plan that will result in the highest practicable levels of water conservation and efficiency achievable in the political subdivision's jurisdiction;(3)  made a bona fide good faith effort to obtain practicable alternative water supplies to the water rights the political subdivision proposes to condemn;(4)  made a bona fide good faith effort to acquire the rights to the water the political subdivision proposes to condemn by voluntary purchase or lease;  and(5)  made a showing that the political subdivision needs the water rights to provide for the domestic needs of the political subdivision within the next 10-year period.(b)  A court shall deny the right to condemn unless the political subdivision proves to the court that the political subdivision has met the requirements of Subsection (a).|Added by Acts 2003, 78th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 2003.|
TX Prop § 21.013 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.013. Venue; Fees and Processing for Suit Filed in District Court

Sec. 21.013.  VENUE;  FEES AND PROCESSING FOR SUIT FILED IN DISTRICT COURT.  (a)  The venue of a condemnation proceeding is the county in which the owner of the property being condemned resides if the owner resides in a county in which part of the property is located.  Otherwise, the venue of a condemnation proceeding is any county in which at least part of the property is located.(b)  Except where otherwise provided by law, a party initiating a condemnation proceeding in a county in which there is one or more county courts at law with jurisdiction shall file the petition with any clerk authorized to handle such filings for that court or courts.(c)  A party initiating a condemnation proceeding in a county in which there is not a county court at law must file the condemnation petition with the district clerk.  The filing fee shall be due at the time of filing.(d)  District and county clerks shall assign an equal number of eminent domain cases in rotation to each court with jurisdiction that the clerk serves.|Acts 1983, 68th Leg., p. 3499, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1993, 73rd Leg., ch. 760, Sec. 1, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 756, Sec. 1, eff. June 18, 1999.Amended by: Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 4.09, eff. January 1, 2022.|
TX Prop § 21.015 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.015. Hearing

Sec. 21.015.  HEARING.  (a)  The special commissioners in an eminent domain proceeding shall promptly schedule a hearing for the parties at the earliest practical time but may not schedule a hearing to assess damages before the 20th day after the date the special commissioners were appointed.  The special commissioners shall schedule a hearing for the parties at a place that is as near as practical to the property being condemned or at the county seat of the county in which the proceeding is being held.(b)  After notice of the hearing has been served, the special commissioners shall hear the parties at the scheduled time and place or at any other time or place to which they may adjourn the hearing.|Acts 1983, 68th Leg., p. 3500, ch. 576, Sec. 1, eff. Jan. 1, 1984.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 11, eff. September 1, 2011.|
TX Prop § 21.016 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.016. Notice

Sec. 21.016.  NOTICE.  (a)  Each party in an eminent domain proceeding is entitled to written notice issued by the special commissioners informing the party of the time and place of the hearing.(b)  Notice of the hearing must be served on a party not later than the 20th day before the day set for the hearing.  A person competent to testify may serve the notice.(c)  A person who serves a notice shall return the original notice to the special commissioners on or before the day set for hearing.  The person shall write a return of service on the notice that states how and when it was served.(d)  Notice may be served:(1)  by delivering a copy of the notice to the party or to the party's agent or attorney;(2)  if the property being condemned belongs to a deceased's estate or to a minor or other legally disabled person and the person or estate has a legal representative, by delivering a copy of the notice to the legal representative;  or(3)  if the property being condemned belongs to a nonresident of this state and there has been no personal service on the owner, if the identity or the residence of the property owner is unknown, or if the property owner avoids service of notice by hiding, by publication in the same manner as service of citation by publication in other civil cases in the district courts or county courts at law.|Acts 1983, 68th Leg., p. 3500, ch. 576, Sec. 1, eff. Jan. 1, 1984.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 12, eff. September 1, 2011.|
TX Prop § 21.017 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.017. Alternative Pleadings

Sec. 21.017.  ALTERNATIVE PLEADINGS.  (a)  This state, a political subdivision of this state, a person, an association of persons, or a corporation that is a party to a suit covered by Section 21.003 of this code by petition, cross-bill, or plea of intervention may assert a claim to the property or, alternatively, seek to condemn the property.(b)  A plea under this section is not an admission of an adverse party's title to the property in controversy.|Acts 1983, 68th Leg., p. 3501, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 21.018 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.018. Appeal From Commissioners' Findings

Sec. 21.018.  APPEAL FROM COMMISSIONERS' FINDINGS.  (a)  A party to a condemnation proceeding may object to the findings of the special commissioners by filing a written statement of the objections and their grounds with the court that has jurisdiction of the proceeding.  The statement must be filed on or before the first Monday following the 20th day after the day the commissioners file their findings with the court.(b)  If a party files an objection to the findings of the special commissioners, the court shall cite the adverse party and try the case in the same manner as other civil causes.|Acts 1983, 68th Leg., p. 3501 ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 21.019 (2021)
2021 Texas Statutes|Property Code|Title 4 - Actions and Remedies|Chapter 21 - Eminent Domain|Subchapter B. Procedure|Section 21.019. Dismissal of Condemnation Proceedings

Sec. 21.019.  DISMISSAL OF CONDEMNATION PROCEEDINGS.  (a)  A party that files a condemnation petition may move to dismiss the proceedings, and the court shall conduct a hearing on the motion.  However, after the special commissioners have made an award, in an effort to obtain a lower award a condemnor may not dismiss the condemnation proceedings merely to institute new proceedings that involve substantially the same condemnation against the same property owner.(b)  A court that hears and grants a motion to dismiss a condemnation proceeding made by a condemnor under Subsection (a) shall make an allowance to the property owner for reasonable and necessary fees for attorneys, appraisers, and photographers and for the other expenses incurred by the property owner to the date of the hearing.(c)  A court that hears and grants a motion to dismiss a condemnation proceeding made by a property owner seeking a judicial denial of the right to condemn or that otherwise renders a judgment denying the right to condemn may make an allowance to the property owner for reasonable and necessary fees for attorneys, appraisers, and photographers and for the other expenses incurred by the property owner to the date of the hearing or judgment.|Acts 1983, 68th Leg., p. 3501, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1987, 70th Leg., ch. 483, Sec. 1, eff. Aug. 31, 1987.|