| 1 | 1 | | 81R1401 EAH-D |
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| 2 | 2 | | By: Chavez H.B. No. 4074 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the requirement that governmental public notices be |
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| 8 | 8 | | published in Spanish-language newspapers. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle A, Title 5, Government Code, is amended |
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| 11 | 11 | | by adding Chapter 561 to read as follows: |
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| 12 | 12 | | CHAPTER 561. PUBLICATION OF PUBLIC NOTICES IN SPANISH-LANGUAGE |
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| 13 | 13 | | NEWSPAPER |
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| 14 | 14 | | Sec. 561.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Public notice" means any notice that must be |
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| 16 | 16 | | published in a newspaper under Chapter 4, Election Code, or other |
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| 17 | 17 | | law by: |
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| 18 | 18 | | (A) a state agency or a state officer or |
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| 19 | 19 | | employee; or |
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| 20 | 20 | | (B) a political subdivision of this state or an |
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| 21 | 21 | | officer or employee of a political subdivision. |
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| 22 | 22 | | (2) "Spanish-language newspaper" means a newspaper |
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| 23 | 23 | | that is printed in Spanish. |
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| 24 | 24 | | Sec. 561.002. PUBLICATION IN SPANISH-LANGUAGE NEWSPAPER BY |
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| 25 | 25 | | STATE AGENCY OR OFFICER. A state agency or a state officer or |
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| 26 | 26 | | employee with responsibility for publishing a public notice shall |
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| 27 | 27 | | publish the notice in Spanish in a Spanish-language newspaper of |
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| 28 | 28 | | general circulation in each county in which: |
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| 29 | 29 | | (1) the agency, officer, or employee is required to |
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| 30 | 30 | | publish the public notice; |
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| 31 | 31 | | (2) more than 50 percent of the population is of |
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| 32 | 32 | | Hispanic origin; and |
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| 33 | 33 | | (3) there is a Spanish-language newspaper of general |
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| 34 | 34 | | circulation. |
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| 35 | 35 | | Sec. 561.003. PUBLICATION IN SPANISH-LANGUAGE NEWSPAPER BY |
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| 36 | 36 | | POLITICAL SUBDIVISION. (a) This section applies only to: |
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| 37 | 37 | | (1) a political subdivision, other than a county, any |
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| 38 | 38 | | portion of which is located in a county in which more than 50 |
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| 39 | 39 | | percent of the population is of Hispanic origin; or |
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| 40 | 40 | | (2) a county in which more than 50 percent of the |
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| 41 | 41 | | population is of Hispanic origin. |
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| 42 | 42 | | (b) A political subdivision or an officer or employee of a |
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| 43 | 43 | | political subdivision with responsibility for publishing a public |
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| 44 | 44 | | notice shall publish the notice in Spanish in a Spanish-language |
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| 45 | 45 | | newspaper of general circulation in each county in which: |
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| 46 | 46 | | (1) the political subdivision is located; and |
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| 47 | 47 | | (2) there is a Spanish-language newspaper of general |
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| 48 | 48 | | circulation. |
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| 49 | 49 | | Sec. 561.004. NOTICE IN ADDITION TO NOTICE REQUIRED UNDER |
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| 50 | 50 | | OTHER LAW. Notice published under this chapter is in addition to |
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| 51 | 51 | | notice required by other law. |
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| 52 | 52 | | SECTION 2. This Act takes effect September 1, 2009. |
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