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A BILL TO BE ENTITLED
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AN ACT
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relating to transparency in the reporting and public availability |
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of information regarding eminent domain authority; providing a |
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civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2206, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. EMINENT DOMAIN AUTHORITY REPORTING; PUBLIC |
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AVAILABILITY |
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Sec. 2206.151. APPLICABILITY. This subchapter applies to |
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public and private entities, including common carriers, authorized |
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by the state by a general or special law to exercise the power of |
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eminent domain. |
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Sec. 2206.152. CREATION DATE. For the purposes of this |
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subchapter, an entity described by Section 2206.151 is considered |
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to have been created on: |
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(1) the earliest date on which the entity existed if |
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the entity was authorized to exercise the power of eminent domain on |
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that date; or |
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(2) the earliest date on which the entity was |
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authorized to exercise the power of eminent domain if the entity did |
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not have that authority on the earliest date on which the entity |
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existed. |
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Sec. 2206.153. EMINENT DOMAIN DATABASE. (a) The |
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comptroller shall create and make accessible on an Internet website |
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maintained by the comptroller an eminent domain database as |
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provided by this section. |
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(b) The eminent domain database must include with respect to |
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each entity described by Section 2206.151: |
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(1) the name of the entity; |
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(2) the entity's address and public contact |
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information; |
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(3) the name of the appropriate officer or other |
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person representing the entity and that person's contact |
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information; |
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(4) the type of entity; |
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(5) each provision of law that grants the entity |
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eminent domain authority; |
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(6) the focus or scope of the eminent domain authority |
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granted to the entity; |
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(7) the location subject to the entity's eminent |
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domain authority; |
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(8) the earliest date on which the entity had the |
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authority to exercise the power of eminent domain; |
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(9) the entity's taxpayer identification number, if |
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any; |
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(10) whether the entity exercised the entity's eminent |
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domain authority in the preceding calendar year by the filing of a |
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condemnation petition under Section 21.012, Property Code; and |
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(11) the entity's Internet website address or, if the |
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entity does not operate an Internet website, contact information to |
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enable a member of the public to obtain information from the entity. |
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(c) The comptroller may consult with the appropriate |
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officer of, or other person representing, each entity to obtain the |
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information necessary to maintain the eminent domain database. |
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(d) To the extent information required in the eminent domain |
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database is otherwise collected or maintained by a state agency or |
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political subdivision, the comptroller may request and the state |
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agency or political subdivision shall provide that information and |
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any update to the information as necessary for inclusion in the |
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eminent domain database. |
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(e) At least annually, the comptroller shall update |
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information in the eminent domain database for each entity, as |
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appropriate. |
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(f) To the extent possible, the comptroller shall present |
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information in the eminent domain database in a manner that is |
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searchable and intuitive to users. The comptroller may enhance and |
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organize the presentation of the information through the use of |
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graphical representations as the comptroller considers |
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appropriate. |
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(g) The comptroller may not charge a fee to the public to |
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access the eminent domain database. |
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Sec. 2206.154. REPORTING OF INFORMATION TO THE COMPTROLLER. |
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(a) Except as provided by Subsection (b), not later than February |
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1 of each year, an entity described by Section 2206.151 shall submit |
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to the comptroller a report containing records and other |
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information specified by this subchapter for the purpose of |
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providing the comptroller with information to maintain the eminent |
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domain database under Section 2206.153. The entity shall submit |
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the report in a form and in the manner prescribed by the |
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comptroller. |
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(a-1) An entity described by Section 2206.151 created |
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before and in existence for at least 180 days on September 1, 2015, |
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shall submit the entity's initial report under Subsection (a) not |
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later than February 1, 2016. An entity described by Section |
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2206.151 created before and in existence for less than 180 days on |
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September 1, 2015, shall submit the entity's initial report under |
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Subsection (a) not later than the later of the 180th day after the |
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date of the entity's creation or February 1, 2016. This subsection |
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expires December 1, 2016. |
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(b) An entity described by Section 2206.151 created on or |
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after September 1, 2015, is not required to submit the entity's |
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initial report under Subsection (a) before the 180th day after the |
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date of the entity's creation. |
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(c) In addition to the annual report required under |
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Subsection (a), an entity described by Section 2206.151 shall |
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report to the comptroller any changes to the entity's eminent |
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domain authority information reported under this section not later |
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than the 90th day after the date on which the change occurred. |
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Sec. 2206.155. PENALTIES FOR NONCOMPLIANCE; EXPIRATION OF |
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EMINENT DOMAIN AUTHORITY. (a) An entity described by Section |
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2206.151 may not attempt to exercise the power of eminent domain by |
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making an offer under Section 21.0113, Property Code, or filing a |
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condemnation petition under Section 21.012, Property Code, at a |
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time when the entity has not reported information to the |
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comptroller as required by this subchapter. |
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(b) An entity that violates Subsection (a) and, as certified |
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by the comptroller under Subsection (d), does not make the report |
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required by Subsection (d) is liable to the state for a civil |
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penalty not to exceed $1,000. The attorney general may sue to |
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collect the penalty. |
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(c) The comptroller shall provide notice to an entity that |
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violates Subsection (a) informing the entity that: |
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(1) the entity has violated Subsection (a); and |
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(2) the entity will be subject to the penalty imposed |
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by this section and the entity's authority to exercise the power of |
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eminent domain will expire if the entity does not report the |
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information required by this subchapter on or before the 30th day |
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after the date the notice is provided. |
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(d) Not later than the 30th day after the date the |
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comptroller provides notice under Subsection (c) to an entity that |
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violated Subsection (a), the entity must report the required |
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information. If the comptroller certifies that the entity did not |
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make the report as required by this subsection, the entity's |
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authority to exercise the power of eminent domain expires on the day |
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after the date the comptroller makes the certification. |
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(e) The comptroller shall promptly make a certification |
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described by Subsection (d) when appropriate and post information |
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regarding the expiration of an entity's eminent domain authority |
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under this section in the eminent domain database maintained under |
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Section 2206.153. |
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Sec. 2206.156. RULES. The comptroller may adopt rules and |
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establish policies and procedures to implement this subchapter. |
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SECTION 2. The comptroller of public accounts shall create |
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and post on an Internet website maintained by the comptroller the |
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eminent domain database required by Section 2206.153, Government |
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Code, as added by this Act, not later than September 1, 2016. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |