85R3226 AJA-D
By: Perry S.B. No. 379
A BILL TO BE ENTITLED
AN ACT
relating to the penalty for noncompliance with certain eminent
domain reporting requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 2206.155(a), (c), and (e), Government
Code, are amended to read as follows:
(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 up to $1,000 if the entity does not report
the required information on or before the 30th day after the date
the notice is provided.
(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 up to $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 up to $1,000; and
(ii) the entity's noncompliance will be
reflected in the eminent domain database maintained by the
comptroller.
(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 up to $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.
SECTION 2. The change in law made by this Act applies only
to the failure to submit a report that becomes due on or after the
effective date of this Act. The failure to submit a report that
became due before the effective date of this Act is governed by the
law as it existed immediately before the effective date of this Act,
and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.