Bill Text: TX HB3988 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to transparency in the reporting of eminent domain authority and the creation of an eminent domain database.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-13 - Left pending in committee [HB3988 Detail]
Download: Texas-2015-HB3988-Introduced.html
By: Geren | H.B. No. 3988 |
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relating to transparency in the reporting of eminent domain | ||
authority and the creation of an eminent domain database. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2206, Government Code, is amended by | ||
adding Subchapter D to read as follows: | ||
SUBCHAPTER D. TRANSPARENCY AND EMINENT DOMAIN AUTHORITY REPORTING. | ||
Section 2206.151, APPLICABILITY. This section applies to | ||
public and private entities, including common carriers, authorized | ||
by the state by a general or special law to exercise the power of | ||
eminent domain. | ||
Section 2206.152. EMINENT DOMAIN DATABASE (a) The | ||
comptroller shall create and make accessible on the Internet an | ||
eminent domain database with information regarding public and | ||
private entities, including common carriers, authorized by the | ||
state by a general or special law to exercise the power of eminent | ||
domain. | ||
(b) The eminent domain database must include with respect to | ||
each entity described by Section 2206.151: | ||
(1) the name of the entity; | ||
(2) the provision of law or laws that grants the entity | ||
eminent domain authority; | ||
(3) the geographic territory subject to the entity's | ||
eminent domain authority; | ||
(4) the effective date of the entity's eminent domain | ||
authority inception, and if applicable, termination; and | ||
(5) the entity's Internet website address or, if the | ||
entity does not operate an Internet website, contact information to | ||
enable a member of the public to obtain information from the entity; | ||
and | ||
(6) such other eminent domain authority related | ||
information that the entity and Comptroller may agree to provide. | ||
(c) The comptroller may consult with the appropriate | ||
officer of, or other person representing, each entity to obtain the | ||
information necessary to operate and update the eminent domain | ||
database. | ||
(d) To the extent information required in the eminent domain | ||
database is otherwise collected or maintained by a state agency or | ||
political subdivision, the comptroller may request and the state | ||
agency or political subdivision shall provide that information and | ||
updates to the information as necessary for inclusion in the | ||
eminent domain database. | ||
(e) The comptroller shall update information in the eminent | ||
domain database regarding eminent domain authority by each entity | ||
at least annually. | ||
(f) To the extent possible, the comptroller shall present | ||
information in the eminent domain database in a manner that is | ||
searchable and intuitive to users. The comptroller may enhance and | ||
organize the presentation of the information through the use of | ||
graphical representations as the comptroller considers | ||
appropriate. | ||
(g) The comptroller may not charge a fee to the public to | ||
access the eminent domain database. | ||
(h) The comptroller may establish procedures and adopt | ||
rules to implement this section. | ||
Section 2206.153 PROVISION OF INFORMATION TO THE | ||
COMPTROLLER. (a) An entity described in Section 2206.151 shall | ||
transmit records and other information specified by this subchapter | ||
to the comptroller at least annually for purposes of providing the | ||
comptroller with information to operate and update the eminent | ||
domain database under Section 2206.152, Government Code. The entity | ||
shall transmit the records and other information in a form and in | ||
the manner prescribed by the comptroller. | ||
(b) An entity in existence on September 1, 2015, shall | ||
transmit the information required by Subsection (a) to the | ||
comptroller not later than September 1, 2016. This subsection | ||
expires January 1, 2017. | ||
(c) An entity created on or after September 1, 2015, shall | ||
transmit the information required by Subsection (a) to the | ||
comptroller on or before the later of: | ||
(1) September 1, 2016; or | ||
(2) six months after the entity's creation date. | ||
(d) If after an entity transmits the information required by | ||
Subsection (a) to the comptroller the entity's eminent domain | ||
authority changes or the entity dissolves, the entity shall | ||
transmit to the comptroller as provided by Subsection (a) and as | ||
applicable information regarding the change to its eminent domain | ||
authority, dissolution, annexation, or consolidation of the entity | ||
not later than six months after the date the change in eminent | ||
domain authority or dissolution occurs. | ||
Sec. 2206.154. INTERNET WEBSITE. An entity shall transmit | ||
to the comptroller as provided by Section 2206.152 the address of | ||
the Internet website maintained by the entity, if any. | ||
SECTION 2. The comptroller shall create and post on the | ||
Internet the eminent domain database required by Section 2203.152, | ||
Government Code, as added by this Act, not later than December 31, | ||
2017. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |