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