By: Geren H.B. No. 3988
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to transparency in the reporting of eminent domain
  authority and the creation of an eminent domain database.
         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. TRANSPARENCY AND EMINENT DOMAIN AUTHORITY REPORTING.
         Section 2206.151, APPLICABILITY.  This section 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.
         Section 2206.152. EMINENT DOMAIN DATABASE (a) The
  comptroller shall create and make accessible on the Internet an
  eminent domain database with information regarding public and
  private entities, including common carriers, authorized by the
  state by a general or special law to exercise the power of eminent
  domain.
         (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 provision of law or laws that grants the entity
  eminent domain authority;
               (3)  the geographic territory subject to the entity's
  eminent domain authority;
               (4)  the effective date of the entity's eminent domain
  authority inception, and if applicable, termination; and
               (5)  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;
  and
               (6)  such other eminent domain authority related
  information that the entity and Comptroller may agree to provide.
         (c)  The comptroller may consult with the appropriate
  officer of, or other person representing, each entity to obtain the
  information necessary to operate and update 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
  updates to the information as necessary for inclusion in the
  eminent domain database.
         (e)  The comptroller shall update information in the eminent
  domain database regarding eminent domain authority by each entity
  at least annually.
         (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.
         (h)  The comptroller may establish procedures and adopt
  rules to implement this section.
         
         Section 2206.153 PROVISION OF INFORMATION TO THE
  COMPTROLLER.  (a)  An entity described in Section 2206.151 shall
  transmit records and other information specified by this subchapter
  to the comptroller at least annually for purposes of providing the
  comptroller with information to operate and update the eminent
  domain database under Section 2206.152, Government Code. The entity
  shall transmit the records and other information in a form and in
  the manner prescribed by the comptroller.
         (b)  An entity in existence on September 1, 2015, shall
  transmit the information required by Subsection (a) to the
  comptroller not later than September 1, 2016. This subsection
  expires January 1, 2017.
         (c)  An entity created on or after September 1, 2015, shall
  transmit the information required by Subsection (a) to the
  comptroller on or before the later of:
               (1)  September 1, 2016; or
               (2)  six months after the entity's creation date.
         (d)  If after an entity transmits the information required by
  Subsection (a) to the comptroller the entity's eminent domain
  authority changes or the entity dissolves, the entity shall
  transmit to the comptroller as provided by Subsection (a) and as
  applicable information regarding the change to its eminent domain
  authority, dissolution, annexation, or consolidation of the entity
  not later than six months after the date the change in eminent
  domain authority or dissolution occurs.
         Sec. 2206.154.  INTERNET WEBSITE.  An entity shall transmit
  to the comptroller as provided by Section 2206.152 the address of
  the Internet website maintained by the entity, if any.
         SECTION 2.  The comptroller shall create and post on the
  Internet the eminent domain database required by Section 2203.152,
  Government Code, as added by this Act, not later than December 31,
  2017.
         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.