In 2015, the 84th Legislature passed Senate Bill 1812 (SB 1812), a transparency bill that mandates the Comptroller of Public Accounts to create an online eminent domain database. SB 1812 amended Government Code, Section 2206.151-157, requiring public and private entities with eminent domain authority to report specific information to the Comptroller for posting. Learn more about the database.
The 3-month reporting period for eminent domain begins on November 1st and closes on February 1st, however reports may also be updated at any time throughout the entire year.
Note: Any reports submitted prior to Nov. 1 opening window will update the previous year's report.
The Eminent Domain Database Law requires public and private entities, including common carriers, authorized by the State under a general or special law to exercise the power of eminent domain to report specified information to the Comptroller. Entities with eminent domain powers must determine whether they are required to report information to the Comptroller.
Entities will use the Comptroller's reporting form to submit an updated report to the Comptroller's office by February 1 of each year. A newly created entity (or an entity that is newly granted eminent domain powers by Texas) is not required to report information until 180 days after it receives its powers.
The Comptroller's office is required to collect and post the following information online:
Reporting entities have up to 90 days to report changes in previously submitted information. Changes that have been submitted will be reviewed by the Comptroller and posted to the database.
The submission, failure to submit, or late submission of eminent domain information by an entity under the Eminent Domain Database Law does not affect the entity's authority to exercise the power of eminent domain. If an entity does not timely report required information and does not cure its failure after notice from the Comptroller, it may be subject to a maximum penalty of $2,000 and listed as a noncompliant entity. The Comptroller has no means to determine if an entity should report information or if reported information has changed.
Senate Bill 18, passed in 2011, required public and private entities granted eminent domain powers in Texas to submit a letter identifying their eminent domain authority to the Comptroller's office by certified mail, return receipt requested, on or before December 31, 2012. The Eminent Domain Database Law, passed in 2015, provides for a new eminent domain database, separate and apart from the information reported by letter to the Comptroller under SB 18. Each law is a separate act that stands on its own.
The Comptroller's office has an electronic reporting tool that enables entities or their third-party representatives to submit the required information.
All reporting is completed through the Comptroller's eSystems, a secure online portal for a variety of online transactions. If the reported information changes following the first report, entities can edit future reports any time prior to the start of the next reporting period. Please log in to eSystems to file or update your report.
New to eSystems? Follow these step-by-step instructions to get started.
Download the Provisions List for SB 1812 (PDF) before starting the submission process.
Log into eSystems to file or update your report.
Once logged in, select the Show More drop down button under the eSystems Services section then select Access Eminent Domain Report to begin the submission process.
If you are filing the first report for an entity that has never filed before, you will need an eSystems account and your entity's 11-digit Texas taxpayer ID (TPID).
Select File First Report.
Follow the instructions to complete the report.
Make note of your Eminent Domain ID.
Once you have completed the entity's first report, you will receive a confirmation and an Eminent Domain ID. Please make a note of the Eminent Domain ID; it will be needed to update the entity's report in the future.
If you are updating a previously filed report you will need an eSystems account log in, your entity's 11-digit Texas taxpayer ID (TPID), and your entity's 6-digit eminent domain ID.
If your entity has submitted reports in the past and has been issued a unique Eminent Domain number, select Continue.
Access the previously filed report byselecting the Eminent Domain ID in the list of previously filed reports; or enter your Eminent Domain ID and TPID and select Continue
The report will be pre-populated with the information previously submitted.
Follow the instructions to edit or complete the report.
The reporting form features standardized choices. For example, the focus or scope of an entity's eminent domain authority in item 6 includes choices such as water infrastructure and electric utilities. The legal provisions in item 5 are available to select by code and section.
Please note Provisions List for SB 1812 contains a list of commonly cited provisions pursuant to SB 18 and may not represent all provisions regarding eminent domain authority. Options to enter other provisions not listed in this document are available in the reporting form.
If you can't remember your eSystems User ID or password, follow instructions for managing your eSystems account.
If you need help with the tool, please contact our Electronic Reporting team at 800-442-3453.