85R7123 YDB-D
By: Burton S.B. No. 623
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a public information Internet
website.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 5, Government Code, is amended
by adding Chapter 561 to read as follows:
CHAPTER 561. PUBLIC INFORMATION INTERNET WEBSITE
Sec. 561.001. DEFINITIONS. In this chapter:
(1) "Governmental entity" means:
(A) a state agency in the executive, legislative,
or judicial branch of state government, including an institution of
higher education, as defined by Section 61.003, Education Code; or
(B) a political subdivision of this state.
(2) "Public information" means a public or legal
notice that a governmental entity is required to publish under a
statute or rule and any other information that a governmental
entity submits for publication on the public information Internet
website.
(3) "Public information Internet website" means the
official state Internet website developed and maintained by the
comptroller under this chapter.
Sec. 561.002. PUBLIC INFORMATION INTERNET WEBSITE. (a)
The comptroller shall develop and maintain an Internet website of
public information, including archived public information.
(b) The public information Internet website must be
designed to:
(1) allow a governmental entity to easily post public
information or the comptroller to post public information on
receipt of the information from the entity;
(2) allow the public to search and sort the public
information on the Internet website by:
(A) a specific municipality or county;
(B) a governmental entity name;
(C) the type of governmental entity;
(D) the date the public information is submitted;
(E) the date an event or deadline stated in the
public information occurred; and
(F) any additional criteria approved by the
comptroller;
(3) allow the public to search and view archived
public information posted on the Internet website;
(4) allow a person to subscribe to e-mail notices of
public information associated with a specific governmental entity;
(5) be easily accessible by the public 24 hours a day,
7 days a week, through the Texas.gov Internet website that includes
a direct link to the public information Internet website;
(6) have a unique and easy to remember Internet
website address; and
(7) have adequate systems for protection, backup, and
contingency planning to address power outages, systematic
failures, and electronic security.
(c) The comptroller shall develop a process for a
governmental entity to access the public information Internet
website to post public information or modify information previously
posted by the entity or to submit the information or modified
information to the comptroller for posting on the Internet website.
Sec. 561.003. REQUIRED SUBMISSION OF PUBLIC INFORMATION.
Each governmental entity:
(1) shall submit for inclusion on the public
information Internet website any public or legal notice the entity
is required to publish under statute or rule; and
(2) may submit any other public information the entity
elects to submit.
Sec. 561.004. PUBLIC INFORMATION INTERNET WEBSITE DOES NOT
SATISFY PUBLICATION REQUIREMENT. A governmental entity's
submission of public information to the public information Internet
website does not satisfy a publication requirement under other law.
Submission of public information to the Internet website shall be
made in addition to any other publication requirement.
Sec. 561.005. IMMUNITY FROM LIABILITY OR PENALTY. A
governmental entity that in good faith attempts to submit public
information to the public information Internet website and that
satisfies the publication requirements for that information under
other law is not subject to liability or other penalty for a failure
in posting the public information to the public information
Internet website or in delivery of an e-mail notice of the posted
public information.
SECTION 2. As soon as practicable after the effective date
of this Act, but not later than September 1, 2018:
(1) the comptroller of public accounts shall develop
the public information Internet website as required by Chapter 561,
Government Code, as added by this Act; and
(2) each governmental entity in this state shall begin
submitting public information to the public information Internet
website in the format and manner required by the comptroller and
Chapter 561, Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2017.