By: Geren H.B. No. 3988
A BILL TO BE ENTITLED
AN ACT
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.