S.B. No. 1812
 
 
 
 
AN ACT
  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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1812 passed the Senate on
  May 4, 2015, by the following vote: Yeas 31, Nays 0; and that the
  Senate concurred in House amendment on May 30, 2015, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1812 passed the House, with
  amendment, on May 27, 2015, by the following vote: Yeas 144,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor