83R11392 YDB-D By: Harper-Brown H.B. No. 3646 A BILL TO BE ENTITLED AN ACT relating to a governmental entity's selection of an advertising medium and publication of notice. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2158, Government Code, is amended by adding Subchapter I to read as follows: SUBCHAPTER I. ADVERTISING MEDIUM SELECTION; NOTICE BY PUBLICATION Sec. 2158.501. DEFINITIONS. In this subchapter: (1) "Advertising medium" means the method through which a promotional message is communicated to the public using words, speech, pictures, or video. The term includes billboards, magazines, radio, television, direct mail, and the Internet. (2) "Governmental entity" has the meaning assigned by Section 2051.041. Sec. 2158.502. ADVERTISING MEDIUM SELECTION CRITERIA. A governmental entity conducting an advertising campaign to communicate information to the public may use for the advertising campaign only the advertising medium that provides the information to the largest number of people. SECTION 2. Chapter 2051, Government Code, is amended by adding Subchapter E to read as follows: SUBCHAPTER E. NOTICE BY PUBLICATION ON INTERNET FOR GOVERNMENTAL ENTITIES Sec. 2051.151. DEFINITION. In this subchapter, "governmental entity" has the meaning assigned by Section 2051.041. Sec. 2051.152. NOTICE BY PUBLICATION ON INTERNET. A governmental entity may satisfy a requirement in any other law to provide notice by publication by posting the notice on its Internet website continuously from the earliest date provided for in the requirement until the day after the date the action for which notice was required occurs. SECTION 3. Subchapter I, Chapter 2158, Government Code, as added by this Act, applies only to a contract for which an invitation for offers, request for proposals, request for qualifications, or other similar solicitation is first published or distributed on or after the effective date of this Act. A contract for which an invitation for offers, request for proposals, request for qualifications, or other similar solicitation is first published or distributed before the effective date of this Act is governed by the law in effect at the time the invitation, request, or other solicitation is published or distributed, and the former law is continued in effect for that purpose. SECTION 4. This Act takes effect September 1, 2013.