Bill Text: TX SB1812 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to transparency in the reporting and public availability of information regarding eminent domain authority; providing a civil penalty.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2015-06-19 - Effective immediately [SB1812 Detail]
Download: Texas-2015-SB1812-Comm_Sub.html
Bill Title: Relating to transparency in the reporting and public availability of information regarding eminent domain authority; providing a civil penalty.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2015-06-19 - Effective immediately [SB1812 Detail]
Download: Texas-2015-SB1812-Comm_Sub.html
84R32048 AJA-F | ||
By: Kolkhorst, et al. | S.B. No. 1812 | |
(Geren) | ||
Substitute the following for S.B. No. 1812: No. |
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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 earliest date on which the entity had the | ||
authority to exercise the power of eminent domain; | ||
(8) the entity's taxpayer identification number, if | ||
any; | ||
(9) 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 | ||
(10) 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 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. (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 $1,000 if the entity does not report the | ||
required information on or before the 30th day after the date the | ||
notice is provided. | ||
(b) Not later than the 30th day after the date the | ||
comptroller provides notice to an entity under Subsection (a), the | ||
entity must report the required information. | ||
(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 $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 $1,000; and | ||
(ii) the entity's noncompliance will be | ||
reflected in the eminent domain database maintained by the | ||
comptroller. | ||
(d) Not later than the 30th day after the date the | ||
comptroller provides notice to an entity under Subsection (c), the | ||
entity must report the required information. | ||
(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 $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. | ||
(f) The attorney general may sue to collect a civil penalty | ||
imposed by this section. | ||
Sec. 2206.156. EMINENT DOMAIN AUTHORITY NOT AFFECTED. The | ||
reporting, failure to report, or late submission of a report by a | ||
public or private entity, including a common carrier, under this | ||
subchapter does not affect the entity's authority to exercise the | ||
power of eminent domain. | ||
Sec. 2206.157. 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. |