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A BILL TO BE ENTITLED
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AN ACT
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relating to transparency in the reporting of eminent domain |
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authority and the creation of an eminent domain database. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2206, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. TRANSPARENCY AND EMINENT DOMAIN AUTHORITY |
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REPORTING. |
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Section 2206.151, APPLICABILITY. This section applies to |
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public and private entities, including common carriers, authorized |
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by the state by a general or special law to exercise the power of |
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eminent domain. |
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Section 2206.152. EMINENT DOMAIN DATABASE (a) The |
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comptroller shall create and make accessible on the Internet an |
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eminent domain database with information regarding public and |
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private entities, including common carriers, authorized by the |
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state by a general or special law to exercise the power of eminent |
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domain. |
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(b) The eminent domain database must include with respect to |
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each entity described by Section 2206.151: |
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(1) the name of the entity; |
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(2) the provision of law or laws that grants the entity |
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eminent domain authority; |
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(3) The geographic territory subject to the entity's |
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eminent domain authority; |
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(4) the effective date of the entity's eminent domain |
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authority inception, and if applicable, termination; and |
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(5) the entity's Internet website address or, if the |
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entity does not operate an Internet website, contact information to |
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enable a member of the public to obtain information from the entity; |
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and |
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(6) such other eminent domain authority related |
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information that the entity and Comptroller may agree to provide. |
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(c) The comptroller may consult with the appropriate |
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officer of, or other person representing, each entity to obtain the |
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information necessary to operate and update the eminent domain |
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database. |
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(d) To the extent information required in the eminent domain |
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database is otherwise collected or maintained by a state agency or |
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political subdivision, the comptroller may request and the state |
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agency or political subdivision shall provide that information and |
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updates to the information as necessary for inclusion in the |
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eminent domain database. |
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(e) The comptroller shall update information in the eminent |
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domain database regarding eminent domain authority by each entity |
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at least annually. |
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(f) To the extent possible, the comptroller shall present |
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information in the eminent domain database in a manner that is |
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searchable and intuitive to users. The comptroller may enhance and |
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organize the presentation of the information through the use of |
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graphical representations as the comptroller considers |
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appropriate. |
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(g) The comptroller may not charge a fee to the public to |
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access the eminent domain database. |
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(h) The comptroller may establish procedures and adopt |
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rules to implement this section. |
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Section 2206.153 PROVISION OF INFORMATION TO THE |
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COMPTROLLER. (a) An entity described in Section 2206.151 shall |
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transmit records and other information specified by this subchapter |
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to the comptroller at least annually for purposes of providing the |
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comptroller with information to operate and update the eminent |
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domain database under Section 2206.152, Government Code. The |
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entity shall transmit the records and other information in a form |
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and in the manner prescribed by the comptroller. |
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(b) An entity in existence on September 1, 2015, shall |
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transmit the information required by Subsection (a) to the |
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comptroller not later than September 1, 2016. This subsection |
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expires January 1, 2017. |
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(c) An entity created on or after September 1, 2015, shall |
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transmit the information required by Subsection (a) to the |
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comptroller on or before the later of: |
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(1) September 1, 2016; or |
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(2) six months after the entity's creation date. |
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(d) If after an entity transmits the information required by |
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Subsection (a) to the comptroller the entity's eminent domain |
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authority changes or the entity dissolves, the entity shall |
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transmit to the comptroller as provided by Subsection (a) and as |
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applicable information regarding the change to its eminent domain |
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authority, dissolution, annexation, or consolidation of the entity |
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not later than six months after the date the change in eminent |
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domain authority or dissolution occurs. |
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Sec. 2206.154. INTERNET WEBSITE. An entity shall transmit |
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to the comptroller as provided by Section 2206.152 the address of |
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the Internet website maintained by the entity, if any. |
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SECTION 2. The comptroller shall create and post on the |
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Internet the eminent domain database required by Section 2203.152, |
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Government Code, as added by this Act, not later than December 31, |
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2017. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |