Texas 2015 - 84th Regular

Texas House Bill HB3988 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Geren H.B. No. 3988
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to transparency in the reporting of eminent domain
7	7	authority and the creation of an eminent domain database.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 2206, Government Code, is amended by
10	10	adding Subchapter D to read as follows:
11	11	SUBCHAPTER D. TRANSPARENCY AND EMINENT DOMAIN AUTHORITY REPORTING.
12	12	Section 2206.151, APPLICABILITY. This section applies to
13	13	public and private entities, including common carriers, authorized
14	14	by the state by a general or special law to exercise the power of
15	15	eminent domain.
16	16	Section 2206.152. EMINENT DOMAIN DATABASE (a) The
17	17	comptroller shall create and make accessible on the Internet an
18	18	eminent domain database with information regarding public and
19	19	private entities, including common carriers, authorized by the
20	20	state by a general or special law to exercise the power of eminent
21	21	domain.
22	22	(b) The eminent domain database must include with respect to
23	23	each entity described by Section 2206.151:
24	24	(1) the name of the entity;
25	25	(2) the provision of law or laws that grants the entity
26	26	eminent domain authority;
27	27	(3) the geographic territory subject to the entity's
28	28	eminent domain authority;
29	29	(4) the effective date of the entity's eminent domain
30	30	authority inception, and if applicable, termination; and
31	31	(5) the entity's Internet website address or, if the
32	32	entity does not operate an Internet website, contact information to
33	33	enable a member of the public to obtain information from the entity;
34	34	and
35	35	(6) such other eminent domain authority related
36	36	information that the entity and Comptroller may agree to provide.
37	37	(c) The comptroller may consult with the appropriate
38	38	officer of, or other person representing, each entity to obtain the
39	39	information necessary to operate and update the eminent domain
40	40	database.
41	41	(d) To the extent information required in the eminent domain
42	42	database is otherwise collected or maintained by a state agency or
43	43	political subdivision, the comptroller may request and the state
44	44	agency or political subdivision shall provide that information and
45	45	updates to the information as necessary for inclusion in the
46	46	eminent domain database.
47	47	(e) The comptroller shall update information in the eminent
48	48	domain database regarding eminent domain authority by each entity
49	49	at least annually.
50	50	(f) To the extent possible, the comptroller shall present
51	51	information in the eminent domain database in a manner that is
52	52	searchable and intuitive to users. The comptroller may enhance and
53	53	organize the presentation of the information through the use of
54	54	graphical representations as the comptroller considers
55	55	appropriate.
56	56	(g) The comptroller may not charge a fee to the public to
57	57	access the eminent domain database.
58	58	(h) The comptroller may establish procedures and adopt
59	59	rules to implement this section.
60	60	Section 2206.153 PROVISION OF INFORMATION TO THE
61	61	COMPTROLLER. (a) An entity described in Section 2206.151 shall
62	62	transmit records and other information specified by this subchapter
63	63	to the comptroller at least annually for purposes of providing the
64	64	comptroller with information to operate and update the eminent
65	65	domain database under Section 2206.152, Government Code. The entity
66	66	shall transmit the records and other information in a form and in
67	67	the manner prescribed by the comptroller.
68	68	(b) An entity in existence on September 1, 2015, shall
69	69	transmit the information required by Subsection (a) to the
70	70	comptroller not later than September 1, 2016. This subsection
71	71	expires January 1, 2017.
72	72	(c) An entity created on or after September 1, 2015, shall
73	73	transmit the information required by Subsection (a) to the
74	74	comptroller on or before the later of:
75	75	(1) September 1, 2016; or
76	76	(2) six months after the entity's creation date.
77	77	(d) If after an entity transmits the information required by
78	78	Subsection (a) to the comptroller the entity's eminent domain
79	79	authority changes or the entity dissolves, the entity shall
80	80	transmit to the comptroller as provided by Subsection (a) and as
81	81	applicable information regarding the change to its eminent domain
82	82	authority, dissolution, annexation, or consolidation of the entity
83	83	not later than six months after the date the change in eminent
84	84	domain authority or dissolution occurs.
85	85	Sec. 2206.154. INTERNET WEBSITE. An entity shall transmit
86	86	to the comptroller as provided by Section 2206.152 the address of
87	87	the Internet website maintained by the entity, if any.
88	88	SECTION 2. The comptroller shall create and post on the
89	89	Internet the eminent domain database required by Section 2203.152,
90	90	Government Code, as added by this Act, not later than December 31,
91	91	2017.
92	92	SECTION 3. This Act takes effect immediately if it receives
93	93	a vote of two-thirds of all the members elected to each house, as
94	94	provided by Section 39, Article III, Texas Constitution. If this
95	95	Act does not receive the vote necessary for immediate effect, this
96	96	Act takes effect September 1, 2015.