Bill Text: TX HB2404 | 2021-2022 | 87th Legislature | Engrossed


Bill Title: Relating to the creation and maintenance of a database of information regarding certain local economic development agreements; providing a civil penalty.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed) 2021-05-06 - Left pending in committee [HB2404 Detail]

Download: Texas-2021-HB2404-Engrossed.html
  87R3283 MP-F
 
  By: Meyer, Burrows H.B. No. 2404
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation and maintenance of a database of
  information regarding certain local economic development
  agreements; providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 403, Government Code, is
  amended by adding Sections 403.0246 and 403.0247 to read as
  follows:
         Sec. 403.0246.  LOCAL DEVELOPMENT AGREEMENT DATABASE. (a)  
  In this section:
               (1)  "Business day" means a day other than a Saturday,
  Sunday, or state or national holiday.
               (2)  "Local development agreement" means:
                     (A)  an agreement entered into by a municipality
  under Section 380.001 or 380.002, Local Government Code;
                     (B)  an agreement entered into by a county under
  Section 381.004, Local Government Code; or
                     (C)  any other agreement to grant or otherwise
  commit public money or other resources for economic development
  purposes by a local government under Chapter 380 or 381, Local
  Government Code.
               (3)  "Local government" includes:
                     (A)  a municipality;
                     (B)  a county;
                     (C)  a county industrial commission under Section
  381.001, Local Government Code; or
                     (D)  a board of development under Section 381.002,
  Local Government Code.
         (b)  The comptroller shall create and make accessible on the
  Internet a database, to be known as the Chapter 380 and 381
  Agreement Database, that contains information regarding all local
  development agreements in this state.
         (c)  For each local development agreement described by
  Subsection (b), the database must include:
               (1)  the name of the local government that entered into
  the agreement;
               (2)  a numerical code assigned to the local government
  by the comptroller;
               (3)  the address of the local government's
  administrative offices and public contact information;
               (4)  the name of the appropriate officer or other
  person representing the local government and that person's contact
  information;
               (5)  the name of any entity that entered into the
  agreement with the local government;
               (6)  the date on which the agreement went into effect
  and the date on which the agreement expires;
               (7)  the focus or scope of the agreement;
               (8)  an electronic copy of the agreement; and
               (9)  the name and contact information of the individual
  reporting the information to the comptroller.
         (d)  The comptroller may consult with the appropriate
  officer of, or other person representing, each local government
  that enters into a local development agreement to obtain the
  information necessary to operate and update the database.
         (e)  The comptroller shall enter into the database for access
  by the public the information described by Subsection (c) not later
  than the 15th business day after the date the comptroller receives
  the information from the providing local government.  The
  information, including a copy of the agreement, must remain
  accessible to the public through the database during the period the
  agreement is in effect.
         (f)  The comptroller may not charge a fee to the public to
  access the database.
         (g)  The comptroller may establish procedures and adopt
  rules to implement this section.
         Sec. 403.0247.  NONCOMPLIANCE; CIVIL PENALTY. (a) In this
  section, "local development agreement" has the meaning assigned by
  Section 403.0246.
         (b)  If a local government that enters into a local
  development agreement has not complied with a requirement to
  provide information under Section 403.0246 of this code or Section
  380.004 or 381.005, Local Government Code, the comptroller shall
  send a notice to the local government. The notice must be in
  writing, describe the information that must be submitted to the
  comptroller, and inform the local government that if the
  information is not provided on or before the 30th day after the date
  the notice is provided, the local government will be subject to a
  civil penalty of $1,000.
         (c)  If a local government does not report the required
  information as prescribed by Subsection (b), the local government
  is liable to the state for a civil penalty of $1,000.
         (d)  The attorney general may sue to collect a civil penalty
  imposed under this section.
         (e)  It is a defense to an action brought under this section
  that the local government provided the required information or
  documents to the extent the information or documents are not exempt
  from disclosure or confidential under Chapter 552.
         SECTION 2.  Chapter 380, Local Government Code, is amended
  by adding Section 380.004 to read as follows:
         Sec. 380.004.  PROVISION OF CERTAIN INFORMATION TO
  COMPTROLLER. (a)  Not later than the seventh day after the date of
  entering into, amending, or renewing an agreement authorized by
  this chapter, a municipality shall submit to the comptroller the
  information described by Section 403.0246(c), Government Code, and
  any other information the comptroller considers necessary to
  operate and update the database described by that section.
         (b)  A municipality shall transmit the information required
  by Subsection (a) in a form and manner prescribed by the
  comptroller.
         (c)  If a municipality submits an agreement to the
  comptroller under this section and maintains an Internet website,
  the municipality shall provide on the website a direct link to the
  location of the agreement information published on the
  comptroller's Internet website.
         SECTION 3.  Chapter 381, Local Government Code, is amended
  by adding Section 381.005 to read as follows:
         Sec. 381.005.  PROVISION OF CERTAIN INFORMATION TO
  COMPTROLLER. (a)  Not later than the seventh day after the date of
  entering into, amending, or renewing an agreement authorized by
  this chapter, a county, county industrial commission, or
  development board, as applicable, shall submit to the comptroller
  the information described by Section 403.0246(c), Government Code,
  and any other information the comptroller considers necessary to
  operate and update the database described by that section.
         (b)  A county, commission, or board shall transmit the
  information required by Subsection (a) in a form and manner
  prescribed by the comptroller.
         (c)  If a county or a commission or board created by the
  county submits an agreement to the comptroller under this section
  and the county maintains an Internet website, the county shall
  provide on the website a direct link to the location of the
  agreement information published on the comptroller's Internet
  website.
         SECTION 4.  (a)  For each agreement described by Section
  403.0246, Government Code, as added by this Act, that is in effect
  on the effective date of this Act, the local government that entered
  into the agreement shall, not later than January 1, 2022, submit to
  the comptroller the information described by that section and any
  other information the comptroller considers necessary to operate
  and update the database required by that section.
         (b)  The comptroller shall publish on the comptroller's
  Internet website the information received under this section not
  later than September 1, 2022.
         SECTION 5.  The comptroller shall create and post on the
  comptroller's Internet website the database required by Section
  403.0246, Government Code, as added by this Act, not later than
  September 1, 2022.
         SECTION 6.  This Act takes effect September 1, 2021.
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