By: Kolkhorst, Schwertner S.B. No. 1812
A BILL TO BE ENTITLED
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 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.