The Eminent Domain Transparency Senate Bill 1812

The 84th Legislature recently passed Senate Bill 1812, a transparency bill that mandates the Comptroller of Public Accounts to create an online eminent domain authority database. The legislation, authored by Sen. Lois Kolkhorst and Rep. Charles Geren, requires public and private entities with eminent domain authority to report specific information to the Comptroller for posting.

The Comptroller’s office has developed an electronic reporting form to enable entities or their third-party representatives to submit the required information. The reporting form will be available starting Monday, Dec. 7, 2015.

Required Information

SB 1812 requires the Comptroller’s office to collect and post the following information online:

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 information listed above in advance of the submission deadline.

The reporting deadlines for the 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.

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.