By: Paxton (Senate Sponsor - Hegar) H.B. No. 3601
(In the Senate - Received from the House May 15, 2009;
May 18, 2009, read first time and referred to Committee on
Jurisprudence; May 23, 2009, reported favorably by the following
vote: Yeas 5, Nays 0; May 23, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county clerk to post official and
legal notices by electronic display.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 82.001, 82.002, 82.003, 82.004, and
82.005, Local Government Code, are designated as Subchapter A,
Chapter 82, Local Government Code, and a heading is added to
Subchapter A to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 2. Chapter 82, Local Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. MISCELLANEOUS POWERS AND DUTIES
Sec. 82.051. ELECTRONIC DISPLAY OF OFFICIAL AND LEGAL
NOTICES BY COUNTY CLERK. (a) In this section, "electronic display"
includes a display:
(1) by the use of an electronic kiosk, electronic
bulletin board, or other similar device designed to provide readily
accessible information; or
(2) on a county's public Internet website.
(b) A county clerk may post an official and legal notice by
electronic display instead of posting a physical document. An
electronic display of information posted under this section using a
device described by Subsection (a)(1) must meet the location, time,
and accessibility requirements provided by law for the posting of
the notice. An electronic display of information posted under this
section on a county's public Internet website must meet the time
requirements provided by law for the posting of the notice.
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, 2009.
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