Texas 2021 - 87th Regular

Texas House Bill HB2404 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2404
	1	+	By: Meyer, Burrows (Senate Sponsor - Zaffirini) H.B. No. 2404
	2	+	(In the Senate - Received from the House April 8, 2021;
	3	+	April 12, 2021, read first time and referred to Committee on
	4	+	Natural Resources & Economic Development; May 12, 2021, reported
	5	+	adversely, with favorable Committee Substitute by the following
	6	+	vote: Yeas 8, Nays 0; May 12, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2404 By: Zaffirini
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation and maintenance of a database of
6	14		information regarding certain local economic development
7	15		agreements; providing a civil penalty.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Subchapter B, Chapter 403, Government Code, is
10	18		amended by adding Sections 403.0246 and 403.0247 to read as
11	19		follows:
12	20		Sec. 403.0246. LOCAL DEVELOPMENT AGREEMENT DATABASE. (a)
13	21		In this section:
14	22		(1) "Business day" means a day other than a Saturday,
15	23		Sunday, or state or national holiday.
16	24		(2) "Local development agreement" means:
17	25		(A) an agreement entered into by a municipality
18	26		under Section 380.001 or 380.002, Local Government Code;
19	27		(B) an agreement entered into by a county under
20	28		Section 381.004, Local Government Code; or
21	29		(C) any other agreement to grant or otherwise
22	30		commit public money or other resources for economic development
23	31		purposes by a local government under Chapter 380 or 381, Local
24	32		Government Code.
25	33		(3) "Local government" includes:
26	34		(A) a municipality;
27	35		(B) a county;
28	36		(C) a county industrial commission under Section
29	37		381.001, Local Government Code; or
30	38		(D) a board of development under Section 381.002,
31	39		Local Government Code.
32	40		(b) The comptroller shall create and make accessible on the
33	41		Internet a database, to be known as the Chapter 380 and 381
34	42		Agreement Database, that contains information regarding all local
35	43		development agreements in this state.
36	44		(c) For each local development agreement described by
37	45		Subsection (b), the database must include:
38	46		(1) the name of the local government that entered into
39	47		the agreement;
40	48		(2) a numerical code assigned to the local government
41	49		by the comptroller;
42	50		(3) the address of the local government's
43	51		administrative offices and public contact information;
44	52		(4) the name of the appropriate officer or other
45	53		person representing the local government and that person's contact
46	54		information;
47	55		(5) the name of any entity that entered into the
48	56		agreement with the local government;
49	57		(6) the date on which the agreement went into effect
50	58		and the date on which the agreement expires;
51	59		(7) the focus or scope of the agreement;
52	60		(8) an electronic copy of the agreement; and
53	61		(9) the name and contact information of the individual
54	62		reporting the information to the comptroller.
55	63		(d) The comptroller may consult with the appropriate
56	64		officer of, or other person representing, each local government
57	65		that enters into a local development agreement to obtain the
58	66		information necessary to operate and update the database.
59	67		(e) The comptroller shall enter into the database for access
60	68		by the public the information described by Subsection (c) not later
61	69		than the 15th business day after the date the comptroller receives
62	70		the information from the providing local government. The
63	71		information, including a copy of the agreement, must remain
64	72		accessible to the public through the database during the period the
65	73		agreement is in effect.
66	74		(f) The comptroller may not charge a fee to the public to
67	75		access the database.
68	76		(g) The comptroller may establish procedures and adopt
69	77		rules to implement this section.
70	78		Sec. 403.0247. NONCOMPLIANCE; CIVIL PENALTY. (a) In this
71	79		section, "local development agreement" has the meaning assigned by
72	80		Section 403.0246.
73	81		(b) If a local government that enters into a local
74	82		development agreement has not complied with a requirement to
75	83		provide information under Section 403.0246 of this code or Section
76	84		380.004 or 381.005, Local Government Code, the comptroller shall
77	85		send a notice to the local government. The notice must be in
78	86		writing, describe the information that must be submitted to the
79	87		comptroller, and inform the local government that if the
80	88		information is not provided on or before the 30th day after the date
81	89		the notice is provided, the local government will be subject to a
82	90		civil penalty of $1,000.
83	91		(c) If a local government does not report the required
84	92		information as prescribed by Subsection (b), the local government
85	93		is liable to the state for a civil penalty of $1,000.
86	94		(d) The attorney general may sue to collect a civil penalty
87	95		imposed under this section.
88	96		(e) It is a defense to an action brought under this section
89	97		that the local government provided the required information or
90	98		documents to the extent the information or documents are not exempt
91	99		from disclosure or confidential under Chapter 552.
92	100		SECTION 2. Chapter 380, Local Government Code, is amended
93	101		by adding Section 380.004 to read as follows:
94	102		Sec. 380.004. PROVISION OF CERTAIN INFORMATION TO
95	103		COMPTROLLER. (a) Not later than the 14th day after the date of
96	104		entering into, amending, or renewing an agreement authorized by
97	105		this chapter, a municipality shall submit to the comptroller the
98	106		information described by Section 403.0246(c), Government Code, and
99	107		any other information the comptroller considers necessary to
100	108		operate and update the database described by that section.
101	109		(b) A municipality shall transmit the information required
102	110		by Subsection (a) in a form and manner prescribed by the
103	111		comptroller.
104	112		(c) If a municipality submits an agreement to the
105	113		comptroller under this section and maintains an Internet website,
106	114		the municipality shall provide on the website a direct link to the
107	115		location of the agreement information published on the
108	116		comptroller's Internet website.
109	117		SECTION 3. Chapter 381, Local Government Code, is amended
110	118		by adding Section 381.005 to read as follows:
111	119		Sec. 381.005. PROVISION OF CERTAIN INFORMATION TO
112	120		COMPTROLLER. (a) Not later than the 14th day after the date of
113	121		entering into, amending, or renewing an agreement authorized by
114	122		this chapter, a county, county industrial commission, or
115	123		development board, as applicable, shall submit to the comptroller
116	124		the information described by Section 403.0246(c), Government Code,
117	125		and any other information the comptroller considers necessary to
118	126		operate and update the database described by that section.
119	127		(b) A county, commission, or board shall transmit the
120	128		information required by Subsection (a) in a form and manner
121	129		prescribed by the comptroller.
122	130		(c) If a county or a commission or board created by the
123	131		county submits an agreement to the comptroller under this section
124	132		and the county maintains an Internet website, the county shall
125	133		provide on the website a direct link to the location of the
126	134		agreement information published on the comptroller's Internet
127	135		website.
128	136		SECTION 4. (a) For each agreement described by Section
129	137		403.0246, Government Code, as added by this Act, that is in effect
130	138		on the effective date of this Act, the local government that entered
131	139		into the agreement shall, not later than January 1, 2022, submit to
132	140		the comptroller the information described by that section and any
133	141		other information the comptroller considers necessary to operate
134	142		and update the database required by that section.
135	143		(b) The comptroller shall publish on the comptroller's
136	144		Internet website the information received under this section not
137	145		later than September 1, 2022.
138	146		SECTION 5. The comptroller shall create and post on the
139	147		comptroller's Internet website the database required by Section
140	148		403.0246, Government Code, as added by this Act, not later than
141	149		September 1, 2022.
142	150		SECTION 6. The comptroller is required to implement the
143	151		changes in law made by this Act only if the legislature appropriates
144	152		money specifically for that purpose. If the legislature does not
145	153		appropriate money specifically for that purpose, the comptroller
146	154		may, but is not required to, implement this Act using other
147	155		appropriations available for that purpose.
148	156		SECTION 7. This Act takes effect September 1, 2021.
149		-	______________________________ ______________________________
150		-	President of the Senate Speaker of the House
151		-	I certify that H.B. No. 2404 was passed by the House on April
152		-	7, 2021, by the following vote: Yeas 145, Nays 0, 1 present, not
153		-	voting; and that the House concurred in Senate amendments to H.B.
154		-	No. 2404 on May 18, 2021, by the following vote: Yeas 139, Nays 4,
155		-	2 present, not voting.
156		-	______________________________
157		-	Chief Clerk of the House
158		-	I certify that H.B. No. 2404 was passed by the Senate, with
159		-	amendments, on May 14, 2021, by the following vote: Yeas 30, Nays
160		-	0.
161		-	______________________________
162		-	Secretary of the Senate
163		-	APPROVED: __________________
164		-	Date
165		-	__________________
166		-	Governor
	157	+	* * * * *