S.B. No. 1812

	AN ACT
	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 earliest date on which the entity had the
	authority to exercise the power of eminent domain;
	(8)  the entity's taxpayer identification number, if
	any;
	(9)  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
	(10)  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 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. (a)  If an
	entity does not timely submit a report that complies with Section
	2206.154, the comptroller shall provide written notice to the
	entity:
	(1)  informing the entity of the entity's violation of
	that section; and
	(2)  notifying the entity that the entity will be
	subject to a penalty of $1,000 if the entity does not report the
	required information on or before the 30th day after the date the
	notice is provided.
	(b)  Not later than the 30th day after the date the
	comptroller provides notice to an entity under Subsection (a), the
	entity must report the required information.
	(c)  If an entity does not report the required information as
	prescribed by Subsection (b):
	(1)  the entity is liable to the state for a civil
	penalty of $1,000; and
	(2)  the comptroller shall provide written notice to
	the entity:
	(A)  informing the entity of the entity's
	liability for the penalty; and
	(B)  notifying the entity that if the entity does
	not report the required information on or before the 30th day after
	the date the notice is provided:
	(i)  the entity will be subject to an
	additional penalty of $1,000; and
	(ii)  the entity's noncompliance will be
	reflected in the eminent domain database maintained by the
	comptroller.
	(d)  Not later than the 30th day after the date the
	comptroller provides notice to an entity under Subsection (c), the
	entity must report the required information.
	(e)  If an entity does not report the required information as
	prescribed by Subsection (d):
	(1)  the entity is liable to the state for a civil
	penalty of $1,000; and
	(2)  the comptroller shall:
	(A)  reflect the entity's noncompliance in the
	database required by this subchapter by including the entity on a
	separately maintained list of noncomplying entities and in any
	other manner determined appropriate by the comptroller until the
	entity reports all information required under Section 2206.154; and
	(B)  provide written notice to the entity that the
	entity's noncompliance will be reflected in the database until the
	entity reports the required information.
	(f)  The attorney general may sue to collect a civil penalty
	imposed by this section.
	Sec. 2206.156.  EMINENT DOMAIN AUTHORITY NOT AFFECTED. The
	reporting, failure to report, or late submission of a report by a
	public or private entity, including a common carrier, under this
	subchapter does not affect the entity's authority to exercise the
	power of eminent domain.
	Sec. 2206.157.  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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1812 passed the Senate on
	May 4, 2015, by the following vote: Yeas 31, Nays 0; and that the
	Senate concurred in House amendment on May 30, 2015, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1812 passed the House, with
	amendment, on May 27, 2015, by the following vote: Yeas 144,
	Nays 0, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor