[Eminent Domain Transparency] Submission Deadline Approaching - Senate Bill 1812

Note: The intended audience for this communication is public and private entities authorized to exercise eminent domain authority in the state of Texas. If you have received this communication in error, please disregard it.

To Whom It May Concern:

The 84th Legislature recently passed Senate Bill 1812, a transparency bill that  requires public and private entities with eminent domain authority to report specific information to the Comptroller for posting on an online database.

Reporting Deadlines

Most entities or their third-party representatives must submit the required information via the Comptroller's online reporting form no later that Feb. 1, 2016.

• For entities in existence for at least 180 days on Sept. 1, 2015, the deadline to report is Feb. 1, 2016.
• For those entities in existence for less than 180 days on Sept. 1, 2015, the reporting deadline is either 180 days after the entity’s creation or Feb. 1, 2016, whichever comes later.
• If the entity was created on or after Sept. 1, 2015, it is not required to file its initial report until it has been in existence for at least 180 days.

Required Information

1. the entity’s full legal name;
2. the entity’s address and public contact information;
3. the name and contact information of the appropriate officer, or other person, representing the entity;
4. the type of entity;
5. the legal provision(s) granting the entity’s eminent domain authority;
6. the focus or scope of the eminent domain authority granted to the entity;
7. the earliest date the entity had authority to exercise the power of eminent domain;
8. the entity’s taxpayer identification number, if any;
9. whether the entity exercised its eminent domain authority in the preceding calendar year by filing 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 the public to obtain information from the entity.

Affected entities may wish to begin preparing the required information in advance of the submission deadline.

Noncompliance Penalties

• An entity that does not report the required information as prescribed by the bill is subject to a maximum penalty of $2,000 under Government Code, §2206.155.
• An entity that fails to report the required information to the Comptroller’s office within 30 days of the Comptroller’s initial notice of noncompliance will be liable to the State for an initial $1,000 penalty.
• An entity that does not comply within 30 days after a second communication of noncompliance from the Comptroller’s office will be subject to a second $1,000 penalty and be included in a separate list of noncompliant entities as part of the eminent domain database.

To facilitate reporting, the Comptroller’s office recommends establishing a point of contact that will remain available despite personnel changes. For example, under Item 3, an entity should submit an email address that can be used for follow-up communications regarding this legislation, such as a business email account. This point of contact can be, but does not have to be, an officer of the entity.

Please feel free to forward this email to other parties to whom this legislation may apply.

Thank you in advance for your compliance with this eminent domain transparency legislation. For questions regarding SB 1812, please contact our Legislative Affairs Division at 512-463-3861. For questions specific to the Web form, please email us at transparency@cpa.texas.gov or call Ty Myrick, transparency analyst, at 512-463-4581.

Sincerely,

Glenn Hegar
Texas Comptroller of Public Accounts