89th Legislature Regular Session

HB 2011

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 2011 proposes amendments to the Texas Property Code concerning the repurchase rights of property taken through eminent domain. Currently, property owners or their heirs may repurchase condemned property under certain conditions, such as if the public use for which it was acquired is canceled or if there has been no progress toward the public use within 10 years. HB 2011 adds a new criterion: if the condemning entity fails to pay ad valorem property taxes it is obligated to pay within two years of the due date, the original owner becomes entitled to repurchase the property.

To enforce this new right, the bill also strengthens notice requirements. Condemning entities must notify the previous property owner (or their heirs or assigns) of their repurchase rights within 180 days after determining eligibility. The notice must include information about the failure to pay taxes and the specific conditions that trigger the right to repurchase. Moreover, the bill allows previous property owners to proactively request, once per year after the 18-month anniversary of the acquisition, whether ad valorem taxes have been paid on the condemned property and whether the entity intends in good faith to pay any unpaid taxes.

HB 2011 clarifies that eligible former owners may notify the condemning entity of their intent to repurchase before receiving official notice. Once the right is established, the entity must offer to resell the property at the original acquisition price. The right to repurchase must be exercised within 90 days of the offer. This bill applies only to condemnation proceedings initiated after its effective date. Overall, the bill expands protections for former landowners and introduces a new accountability measure for governmental or quasi-governmental entities that fail to fulfill their financial obligations related to condemned properties.
Author
Cecil Bell, Jr.
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2011 is not expected to have a significant fiscal impact on the state. State agencies that may be affected—such as the Texas General Land Office, Texas Facilities Commission, and others involved in land acquisition and management—are anticipated to absorb any administrative costs associated with complying with the bill’s new requirements using existing resources. This includes the responsibility to track and notify former property owners about their repurchase rights when ad valorem taxes go unpaid.

Similarly, local governments are not expected to experience a significant fiscal impact. The bill imposes additional procedural obligations on condemning entities but does not create a mandate for local governments to allocate new funds or resources at a substantial scale. These procedures—such as issuing notices and responding to information requests from former property owners—are seen as routine administrative duties that can be handled within current operating capacities.

Overall, HB 2011 is structured to enhance property owner rights without introducing major new expenditures for public agencies or local jurisdictions.

Vote Recommendation Notes

HB 2011 serves to strengthen property rights protections in Texas by expanding the circumstances under which a person may repurchase property acquired through eminent domain. The bill specifically targets situations in which a condemning entity—typically a government or quasi-governmental body—fails to meet its obligation to pay ad valorem (property) taxes on land it has taken. Under current law, repurchase rights apply if the property is no longer needed for public use or if there is no progress on the proposed use within 10 years. HB 2011 adds another trigger: if the entity fails to pay its property taxes for two years after they become due, the original owner (or their heirs or successors) may repurchase the land.

The bill’s provisions promote accountability by requiring condemning entities to notify previous property owners of the delinquent tax condition and their repurchase rights within 180 days of discovering eligibility. Moreover, HB 2011 empowers former owners by allowing them to proactively request property tax payment status once a year after 18 months from the date of acquisition. This level of transparency and agency serves the public interest by helping to ensure that land taken for public use is either actively used as intended or returned to private ownership in a timely manner.

The fiscal note from the Legislative Budget Board indicates that the bill has no significant financial impact on either the state or local governments, as any administrative burdens are expected to be absorbed with existing resources. Furthermore, the bill analysis underscores that HB 2011 neither creates a criminal offense nor expands government rulemaking authority. From a liberty-based policy perspective, the bill reinforces core principles of individual liberty, private property rights, and limited government by ensuring that governmental failure to meet financial obligations does not result in indefinite land retention. Therefore, Texas Policy Research recommends that lawmakers vote YES on HB 2011.

  • Individual Liberty: The bill empowers private individuals by expanding their rights when their property is taken by the government. If the government fails to meet its obligations—specifically, paying property taxes—this bill gives individuals or their heirs a legal pathway to reclaim their land. This ensures that the rights of individuals are not indefinitely subordinated to bureaucratic neglect, restoring a measure of control to the original property owners.
  • Personal Responsibility: This is where the bill has its greatest impact. It adds a critical safeguard to the eminent domain process by holding condemning entities accountable for their financial responsibilities. If the government fails to pay taxes on the seized land, it loses the right to keep it. This protects landowners from abuse or negligence and strengthens the principle that property rights must be respected, even after condemnation.
  • Free Enterprise: The bill promotes limited government by placing new checks on governmental and quasi-governmental entities. It limits the ability of public bodies to hold onto property when they fail to fulfill their tax obligations. This ensures that public power is not used arbitrarily or irresponsibly, reinforcing the idea that government must be a responsible steward of land it takes from citizens.
  • Private Property Rights: By requiring condemning entities to pay taxes on acquired property or face losing it, the bill imposes real consequences for fiscal irresponsibility. This encourages better behavior and due diligence from public entities, aligning with the principle that everyone—including government—should be held accountable for their actions.
  • Limited Government: While the bill is not directly about business, it does help ensure that property not used for its public purpose—and mismanaged in the meantime—can return to private hands. That can help restore land to productive, entrepreneurial use. It also reinforces trust in the legal framework around land ownership and transfer, which is vital to a healthy economic system.
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