By: Kolkhorst S.B. No. 1812

(In the Senate - Filed March 13, 2015; March 25, 2015, read first time and referred to Committee on Business and Commerce; April 23, 2015, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; April 23, 2015, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 1812 By: Watson

A BILL TO BE ENTITLED

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 location subject to the entity's eminent domain authority;

(8) the earliest date on which the entity had the authority to exercise the power of eminent domain;

(9) the entity's taxpayer identification number, if any;

(10) 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

(11) 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 THE 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; EXPIRATION OF EMINENT DOMAIN AUTHORITY. (a) An entity described by Section 2206.151 may not attempt to exercise the power of eminent domain by making an offer under Section 21.0113, Property Code, or filing a condemnation petition under Section 21.012, Property Code, at a time when the entity has not reported information to the comptroller as required by this subchapter.

(b) An entity that violates Subsection (a) is liable to the state for a civil penalty not to exceed $1,000. The attorney general may sue to collect the penalty.

(c) The comptroller shall provide notice to an entity that violates Subsection (a) that the entity has violated that subsection and is liable for the civil penalty imposed by Subsection (b).

(d) Not later than the 30th day after the date the comptroller provides notice under Subsection (c) to an entity that violated Subsection (a), the entity must report the required information. If the comptroller certifies that the entity did not make the report as required by this subsection, the entity's authority to exercise the power of eminent domain expires on the day after the date the comptroller makes the certification.

(e) The comptroller shall promptly make a certification described by Subsection (d) when appropriate and post information regarding the expiration of an entity's eminent domain authority under this section in the eminent domain database maintained under Section 2206.153.

Sec. 2206.156. 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.

* * * * *