| 1 | 1 | | H.B. No. 3601 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the authority of a county clerk to post official and |
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| 6 | 6 | | legal notices by electronic display. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Sections 82.001, 82.002, 82.003, 82.004, and |
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| 9 | 9 | | 82.005, Local Government Code, are designated as Subchapter A, |
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| 10 | 10 | | Chapter 82, Local Government Code, and a heading is added to |
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| 11 | 11 | | Subchapter A to read as follows: |
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| 12 | 12 | | SUBCHAPTER A. GENERAL PROVISIONS |
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| 13 | 13 | | SECTION 2. Chapter 82, Local Government Code, is amended by |
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| 14 | 14 | | adding Subchapter B to read as follows: |
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| 15 | 15 | | SUBCHAPTER B. MISCELLANEOUS POWERS AND DUTIES |
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| 16 | 16 | | Sec. 82.051. ELECTRONIC DISPLAY OF OFFICIAL AND LEGAL |
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| 17 | 17 | | NOTICES BY COUNTY CLERK. (a) In this section, "electronic display" |
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| 18 | 18 | | includes a display: |
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| 19 | 19 | | (1) by the use of an electronic kiosk, electronic |
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| 20 | 20 | | bulletin board, or other similar device designed to provide readily |
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| 21 | 21 | | accessible information; or |
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| 22 | 22 | | (2) on a county's public Internet website. |
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| 23 | 23 | | (b) A county clerk may post an official and legal notice by |
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| 24 | 24 | | electronic display instead of posting a physical document. An |
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| 25 | 25 | | electronic display of information posted under this section using a |
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| 26 | 26 | | device described by Subsection (a)(1) must meet the location, time, |
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| 27 | 27 | | and accessibility requirements provided by law for the posting of |
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| 28 | 28 | | the notice. An electronic display of information posted under this |
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| 29 | 29 | | section on a county's public Internet website must meet the time |
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| 30 | 30 | | requirements provided by law for the posting of the notice. |
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| 31 | 31 | | SECTION 3. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2009. |
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| 36 | 36 | | ______________________________ ______________________________ |
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| 37 | 37 | | President of the Senate Speaker of the House |
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| 38 | 38 | | I certify that H.B. No. 3601 was passed by the House on May |
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| 39 | 39 | | 14, 2009, by the following vote: Yeas 146, Nays 0, 1 present, not |
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| 40 | 40 | | voting. |
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| 41 | 41 | | ______________________________ |
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| 42 | 42 | | Chief Clerk of the House |
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| 43 | 43 | | I certify that H.B. No. 3601 was passed by the Senate on May |
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| 44 | 44 | | 27, 2009, by the following vote: Yeas 31, Nays 0. |
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| 45 | 45 | | ______________________________ |
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| 46 | 46 | | Secretary of the Senate |
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| 47 | 47 | | APPROVED: _____________________ |
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| 48 | 48 | | Date |
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| 49 | 49 | | _____________________ |
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| 50 | 50 | | Governor |
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