Texas 2015 - 84th Regular

Texas House Bill HB1019 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Flynn H.B. No. 1019
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to publication of notice by a governmental entity on a
7	7	newspaper's Internet website.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 2051.042(a), Government Code, is amended
10	10	to read as follows:
11	11	(a) Except as provided by Section 2051.054, this [This]
12	12	subchapter applies only to the extent that the general or special
13	13	law requiring or authorizing the publication of a notice in a
14	14	newspaper by a governmental entity or representative does not
15	15	specify the manner of the publication, including the number of
16	16	times that the notice is required to be published and the period
17	17	during which the notice is required to be published.
18	18	SECTION 2. Section 2051.045, Government Code, is amended to
19	19	read as follows:
20	20	Sec. 2051.045. LEGAL RATE CHARGED FOR PUBLICATION. (a) The
21	21	legal rate for publication of a notice in a newspaper is the
22	22	newspaper's lowest published rate for classified advertising.
23	23	(b) The legal rate for publication of a notice on a
24	24	newspaper's Internet website under Section 2051.054 may not exceed
25	25	$25.
26	26	SECTION 3. Section 2051.051, Government Code, is amended to
27	27	read as follows:
28	28	Sec. 2051.051. BILL FOR PUBLICATION. (a)
29	29	A newspaper that
30	30	publishes a notice shall submit a bill for the publication with a
31	31	clipping of the published notice and a verified statement of the
32	32	publisher that:
33	33	(1) states the rate charged;
34	34	(2) certifies that the rate charged is the newspaper's
35	35	lowest published rate for classified advertising; and
36	36	(3) certifies the number and dates of the publication.
37	37	(b) A newspaper that publishes a notice on the newspaper's
38	38	Internet website under Section 2051.054 may electronically provide
39	39	to the governmental entity the bill, clipping, and verified
40	40	statement containing the information required under Subsections
41	41	(a)(1) and (3).
42	42	SECTION 4. Subchapter C, Chapter 2051, Government Code, is
43	43	amended by adding Section 2051.054 to read as follows:
44	44	Sec. 2051.054. NOTICE BY PUBLICATION ON NEWSPAPER'S
45	45	INTERNET WEBSITE. (a) Notwithstanding any other law, a
46	46	governmental entity may satisfy a requirement in another law for
47	47	the governmental entity to provide publication of notice in a
48	48	newspaper by publishing the notice on a newspaper's Internet
49	49	website as provided by this section.
50	50	(b) A publication of notice on a newspaper's Internet
51	51	website must:
52	52	(1) be in substantially the same form as required
53	53	under the general or special law requiring or authorizing the
54	54	publication of notice in a newspaper by a governmental entity;
55	55	(2) be published:
56	56	(A) for the number of times and during the period
57	57	the notice is required to be published under the general or special
58	58	law; or
59	59	(B) if the general or special law does not
60	60	specify the manner of publication, as otherwise provided by this
61	61	subchapter; and
62	62	(3) comply with the requirements of this subchapter.
63	63	(c) To meet the eligibility requirements of section
64	64	2051.044 be eligible to provide publication of notice for a
65	65	governmental entity on the newspaper's Internet website under this
66	66	section, a newspaper must:, a newspaper must:
67	67	(1)meet the requirements of Section 2051.044;
68	68	(12) establish an Internet-only option for
69	69	publication of notice by a governmental entity;
70	70	(23) charge a reasonable fee not to exceed the legal
71	71	rate authorized by Section 2051.045(b) for the Internet publication
72	72	of notice; and
73	73	(34) establish an archive of the publications of
74	74	notice posted on the newspaper's Internet website that allows free
75	75	public access to the current and archived publications of notice
76	76	and that is searchable by keyword and county.
77	77	SECTION 5. Subchapter C, Chapter 2051, Government Code, as
78	78	amended by this Act, applies only to a publication of notice first
79	79	published on or after the effective date of this Act. A publication
80	80	of notice published before the effective date of this Act is
81	81	governed by the law in effect at the time of the publication, and
82	82	the former law is continued in effect for that purpose.
83	83	SECTION 6. This Act takes effect September 1, 2015.