Texas 2015 - 84th Regular

Texas Senate Bill SB1812 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R32048 AJA-F
2		-	By: Kolkhorst, et al. S.B. No. 1812
3		-	(Geren)
4		-	Substitute the following for S.B. No. 1812: No.
	1	+	S.B. No. 1812
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to transparency in the reporting and public availability
10	6		of information regarding eminent domain authority; providing a
11	7		civil penalty.
12	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	9		SECTION 1. Chapter 2206, Government Code, is amended by
14	10		adding Subchapter D to read as follows:
15	11		SUBCHAPTER D. EMINENT DOMAIN AUTHORITY REPORTING; PUBLIC
16	12		AVAILABILITY
17	13		Sec. 2206.151. APPLICABILITY. This subchapter applies to
18	14		public and private entities, including common carriers, authorized
19	15		by the state by a general or special law to exercise the power of
20	16		eminent domain.
21	17		Sec. 2206.152. CREATION DATE. For the purposes of this
22	18		subchapter, an entity described by Section 2206.151 is considered
23	19		to have been created on:
24	20		(1) the earliest date on which the entity existed if
25	21		the entity was authorized to exercise the power of eminent domain on
26	22		that date; or
27	23		(2) the earliest date on which the entity was
28	24		authorized to exercise the power of eminent domain if the entity did
29	25		not have that authority on the earliest date on which the entity
30	26		existed.
31	27		Sec. 2206.153. EMINENT DOMAIN DATABASE. (a) The
32	28		comptroller shall create and make accessible on an Internet website
33	29		maintained by the comptroller an eminent domain database as
34	30		provided by this section.
35	31		(b) The eminent domain database must include with respect to
36	32		each entity described by Section 2206.151:
37	33		(1) the name of the entity;
38	34		(2) the entity's address and public contact
39	35		information;
40	36		(3) the name of the appropriate officer or other
41	37		person representing the entity and that person's contact
42	38		information;
43	39		(4) the type of entity;
44	40		(5) each provision of law that grants the entity
45	41		eminent domain authority;
46	42		(6) the focus or scope of the eminent domain authority
47	43		granted to the entity;
48	44		(7) the earliest date on which the entity had the
49	45		authority to exercise the power of eminent domain;
50	46		(8) the entity's taxpayer identification number, if
51	47		any;
52	48		(9) whether the entity exercised the entity's eminent
53	49		domain authority in the preceding calendar year by the filing of a
54	50		condemnation petition under Section 21.012, Property Code; and
55	51		(10) the entity's Internet website address or, if the
56	52		entity does not operate an Internet website, contact information to
57	53		enable a member of the public to obtain information from the entity.
58	54		(c) The comptroller may consult with the appropriate
59	55		officer of, or other person representing, each entity to obtain the
60	56		information necessary to maintain the eminent domain database.
61	57		(d) To the extent information required in the eminent domain
62	58		database is otherwise collected or maintained by a state agency or
63	59		political subdivision, the comptroller may request and the state
64	60		agency or political subdivision shall provide that information and
65	61		any update to the information as necessary for inclusion in the
66	62		eminent domain database.
67	63		(e) At least annually, the comptroller shall update
68	64		information in the eminent domain database for each entity, as
69	65		appropriate.
70	66		(f) To the extent possible, the comptroller shall present
71	67		information in the eminent domain database in a manner that is
72	68		searchable and intuitive to users. The comptroller may enhance and
73	69		organize the presentation of the information through the use of
74	70		graphical representations as the comptroller considers
75	71		appropriate.
76	72		(g) The comptroller may not charge a fee to the public to
77	73		access the eminent domain database.
78	74		Sec. 2206.154. REPORTING OF INFORMATION TO COMPTROLLER.
79	75		(a) Except as provided by Subsection (b), not later than February
80	76		1 of each year, an entity described by Section 2206.151 shall submit
81	77		to the comptroller a report containing records and other
82	78		information specified by this subchapter for the purpose of
83	79		providing the comptroller with information to maintain the eminent
84	80		domain database under Section 2206.153. The entity shall submit
85	81		the report in a form and in the manner prescribed by the
86	82		comptroller.
87	83		(a-1) An entity described by Section 2206.151 created
88	84		before and in existence for at least 180 days on September 1, 2015,
89	85		shall submit the entity's initial report under Subsection (a) not
90	86		later than February 1, 2016. An entity described by Section
91	87		2206.151 created before and in existence for less than 180 days on
92	88		September 1, 2015, shall submit the entity's initial report under
93	89		Subsection (a) not later than the later of the 180th day after the
94	90		date of the entity's creation or February 1, 2016. This subsection
95	91		expires December 1, 2016.
96	92		(b) An entity described by Section 2206.151 created on or
97	93		after September 1, 2015, is not required to submit the entity's
98	94		initial report under Subsection (a) before the 180th day after the
99	95		date of the entity's creation.
100	96		(c) In addition to the annual report required under
101	97		Subsection (a), an entity described by Section 2206.151 shall
102	98		report to the comptroller any changes to the entity's eminent
103	99		domain authority information reported under this section not later
104	100		than the 90th day after the date on which the change occurred.
105	101		Sec. 2206.155. PENALTIES FOR NONCOMPLIANCE. (a) If an
106	102		entity does not timely submit a report that complies with Section
107	103		2206.154, the comptroller shall provide written notice to the
108	104		entity:
109	105		(1) informing the entity of the entity's violation of
110	106		that section; and
111	107		(2) notifying the entity that the entity will be
112	108		subject to a penalty of $1,000 if the entity does not report the
113	109		required information on or before the 30th day after the date the
114	110		notice is provided.
115	111		(b) Not later than the 30th day after the date the
116	112		comptroller provides notice to an entity under Subsection (a), the
117	113		entity must report the required information.
118	114		(c) If an entity does not report the required information as
119	115		prescribed by Subsection (b):
120	116		(1) the entity is liable to the state for a civil
121	117		penalty of $1,000; and
122	118		(2) the comptroller shall provide written notice to
123	119		the entity:
124	120		(A) informing the entity of the entity's
125	121		liability for the penalty; and
126	122		(B) notifying the entity that if the entity does
127	123		not report the required information on or before the 30th day after
128	124		the date the notice is provided:
129	125		(i) the entity will be subject to an
130	126		additional penalty of $1,000; and
131	127		(ii) the entity's noncompliance will be
132	128		reflected in the eminent domain database maintained by the
133	129		comptroller.
134	130		(d) Not later than the 30th day after the date the
135	131		comptroller provides notice to an entity under Subsection (c), the
136	132		entity must report the required information.
137	133		(e) If an entity does not report the required information as
138	134		prescribed by Subsection (d):
139	135		(1) the entity is liable to the state for a civil
140	136		penalty of $1,000; and
141	137		(2) the comptroller shall:
142	138		(A) reflect the entity's noncompliance in the
143	139		database required by this subchapter by including the entity on a
144	140		separately maintained list of noncomplying entities and in any
145	141		other manner determined appropriate by the comptroller until the
146	142		entity reports all information required under Section 2206.154; and
147	143		(B) provide written notice to the entity that the
148	144		entity's noncompliance will be reflected in the database until the
149	145		entity reports the required information.
150	146		(f) The attorney general may sue to collect a civil penalty
151	147		imposed by this section.
152	148		Sec. 2206.156. EMINENT DOMAIN AUTHORITY NOT AFFECTED. The
153	149		reporting, failure to report, or late submission of a report by a
154	150		public or private entity, including a common carrier, under this
155	151		subchapter does not affect the entity's authority to exercise the
156	152		power of eminent domain.
157	153		Sec. 2206.157. RULES. The comptroller may adopt rules and
158	154		establish policies and procedures to implement this subchapter.
159	155		SECTION 2. The comptroller of public accounts shall create
160	156		and post on an Internet website maintained by the comptroller the
161	157		eminent domain database required by Section 2206.153, Government
162	158		Code, as added by this Act, not later than September 1, 2016.
163	159		SECTION 3. This Act takes effect immediately if it receives
164	160		a vote of two-thirds of all the members elected to each house, as
165	161		provided by Section 39, Article III, Texas Constitution. If this
166	162		Act does not receive the vote necessary for immediate effect, this
167	163		Act takes effect September 1, 2015.
	164	+	______________________________ ______________________________
	165	+	President of the Senate Speaker of the House
	166	+	I hereby certify that S.B. No. 1812 passed the Senate on
	167	+	May 4, 2015, by the following vote: Yeas 31, Nays 0; and that the
	168	+	Senate concurred in House amendment on May 30, 2015, by the
	169	+	following vote: Yeas 31, Nays 0.
	170	+	______________________________
	171	+	Secretary of the Senate
	172	+	I hereby certify that S.B. No. 1812 passed the House, with
	173	+	amendment, on May 27, 2015, by the following vote: Yeas 144,
	174	+	Nays 0, two present not voting.
	175	+	______________________________
	176	+	Chief Clerk of the House
	177	+	Approved:
	178	+	______________________________
	179	+	Date
	180	+	______________________________
	181	+	Governor