Bill Text: TX SB1812 | 2015-2016 | 84th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to transparency in the reporting and public availability of information regarding eminent domain authority; providing a civil penalty.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2015-06-19 - Effective immediately [SB1812 Detail]
Download: Texas-2015-SB1812-Engrossed.html
Bill Title: Relating to transparency in the reporting and public availability of information regarding eminent domain authority; providing a civil penalty.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2015-06-19 - Effective immediately [SB1812 Detail]
Download: Texas-2015-SB1812-Engrossed.html
By: Kolkhorst, Schwertner | S.B. No. 1812 |
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relating to transparency in the reporting and public availability | ||
of information regarding eminent domain authority; providing a | ||
civil penalty. | ||
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. EMINENT DOMAIN AUTHORITY REPORTING; PUBLIC | ||
AVAILABILITY | ||
Sec. 2206.151. APPLICABILITY. This subchapter 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. | ||
Sec. 2206.152. CREATION DATE. For the purposes of this | ||
subchapter, an entity described by Section 2206.151 is considered | ||
to have been created on: | ||
(1) the earliest date on which the entity existed if | ||
the entity was authorized to exercise the power of eminent domain on | ||
that date; or | ||
(2) the earliest date on which the entity was | ||
authorized to exercise the power of eminent domain if the entity did | ||
not have that authority on the earliest date on which the entity | ||
existed. | ||
Sec. 2206.153. EMINENT DOMAIN DATABASE. (a) The | ||
comptroller shall create and make accessible on an Internet website | ||
maintained by the comptroller an eminent domain database as | ||
provided by this section. | ||
(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 entity's address and public contact | ||
information; | ||
(3) the name of the appropriate officer or other | ||
person representing the entity and that person's contact | ||
information; | ||
(4) the type of entity; | ||
(5) each provision of law that grants the entity | ||
eminent domain authority; | ||
(6) the focus or scope of the eminent domain authority | ||
granted to the entity; | ||
(7) the location subject to the entity's eminent | ||
domain authority; | ||
(8) the earliest date on which the entity had the | ||
authority to exercise the power of eminent domain; | ||
(9) the entity's taxpayer identification number, if | ||
any; | ||
(10) whether the entity exercised the entity's eminent | ||
domain authority in the preceding calendar year by the filing of a | ||
condemnation petition under Section 21.012, Property Code; and | ||
(11) 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. | ||
(c) The comptroller may consult with the appropriate | ||
officer of, or other person representing, each entity to obtain the | ||
information necessary to maintain 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 | ||
any update to the information as necessary for inclusion in the | ||
eminent domain database. | ||
(e) At least annually, the comptroller shall update | ||
information in the eminent domain database for each entity, as | ||
appropriate. | ||
(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. | ||
Sec. 2206.154. REPORTING OF INFORMATION TO THE COMPTROLLER. | ||
(a) Except as provided by Subsection (b), not later than February | ||
1 of each year, an entity described by Section 2206.151 shall submit | ||
to the comptroller a report containing records and other | ||
information specified by this subchapter for the purpose of | ||
providing the comptroller with information to maintain the eminent | ||
domain database under Section 2206.153. The entity shall submit | ||
the report in a form and in the manner prescribed by the | ||
comptroller. | ||
(a-1) An entity described by Section 2206.151 created | ||
before and in existence for at least 180 days on September 1, 2015, | ||
shall submit the entity's initial report under Subsection (a) not | ||
later than February 1, 2016. An entity described by Section | ||
2206.151 created before and in existence for less than 180 days on | ||
September 1, 2015, shall submit the entity's initial report under | ||
Subsection (a) not later than the later of the 180th day after the | ||
date of the entity's creation or February 1, 2016. This subsection | ||
expires December 1, 2016. | ||
(b) An entity described by Section 2206.151 created on or | ||
after September 1, 2015, is not required to submit the entity's | ||
initial report under Subsection (a) before the 180th day after the | ||
date of the entity's creation. | ||
(c) In addition to the annual report required under | ||
Subsection (a), an entity described by Section 2206.151 shall | ||
report to the comptroller any changes to the entity's eminent | ||
domain authority information reported under this section not later | ||
than the 90th day after the date on which the change occurred. | ||
Sec. 2206.155. PENALTIES FOR NONCOMPLIANCE; EXPIRATION OF | ||
EMINENT DOMAIN AUTHORITY. (a) An entity described by Section | ||
2206.151 may not attempt to exercise the power of eminent domain by | ||
making an offer under Section 21.0113, Property Code, or filing a | ||
condemnation petition under Section 21.012, Property Code, at a | ||
time when the entity has not reported information to the | ||
comptroller as required by this subchapter. | ||
(b) An entity that violates Subsection (a) and, as certified | ||
by the comptroller under Subsection (d), does not make the report | ||
required by Subsection (d) is liable to the state for a civil | ||
penalty not to exceed $1,000. The attorney general may sue to | ||
collect the penalty. | ||
(c) The comptroller shall provide notice to an entity that | ||
violates Subsection (a) informing the entity that: | ||
(1) the entity has violated Subsection (a); and | ||
(2) the entity will be subject to the penalty imposed | ||
by this section and the entity's authority to exercise the power of | ||
eminent domain will expire if the entity does not report the | ||
information required by this subchapter on or before the 30th day | ||
after the date the notice is provided. | ||
(d) Not later than the 30th day after the date the | ||
comptroller provides notice under Subsection (c) to an entity that | ||
violated Subsection (a), the entity must report the required | ||
information. If the comptroller certifies that the entity did not | ||
make the report as required by this subsection, the entity's | ||
authority to exercise the power of eminent domain expires on the day | ||
after the date the comptroller makes the certification. | ||
(e) The comptroller shall promptly make a certification | ||
described by Subsection (d) when appropriate and post information | ||
regarding the expiration of an entity's eminent domain authority | ||
under this section in the eminent domain database maintained under | ||
Section 2206.153. | ||
Sec. 2206.156. RULES. The comptroller may adopt rules and | ||
establish policies and procedures to implement this subchapter. | ||
SECTION 2. The comptroller of public accounts shall create | ||
and post on an Internet website maintained by the comptroller the | ||
eminent domain database required by Section 2206.153, Government | ||
Code, as added by this Act, not later than September 1, 2016. | ||
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. |