1 | 1 | | 86R12371 MP-D |
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2 | 2 | | By: Shaheen H.B. No. 2808 |
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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 publication of required notice by a political |
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8 | 8 | | subdivision by alternative media and on the Internet. |
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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. Chapter 2051, Government Code, is amended by |
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11 | 11 | | adding Subchapter E to read as follows: |
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12 | 12 | | SUBCHAPTER E. NOTICE BY PUBLICATION IN MEDIA OTHER THAN NEWSPAPER |
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13 | 13 | | Sec. 2051.151. NOTICE BY PUBLICATION ON INTERNET. (a) In |
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14 | 14 | | addition to any law requiring notice be published by newspaper and |
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15 | 15 | | subject to Subsection (b), a political subdivision shall provide |
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16 | 16 | | notice: |
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17 | 17 | | (1) on an Internet website maintained by the |
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18 | 18 | | comptroller; and |
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19 | 19 | | (2) on the political subdivision's Internet website. |
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20 | 20 | | (b) A political subdivision may request from the |
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21 | 21 | | comptroller and the comptroller may grant a waiver from the |
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22 | 22 | | requirements of Subsection (a) if the political subdivision |
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23 | 23 | | provides sufficient proof that Internet access is limited in the |
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24 | 24 | | political subdivision. If the comptroller grants the waiver, the |
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25 | 25 | | political subdivision must provide additional notice on a public |
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26 | 26 | | agenda board within the political subdivision. |
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27 | 27 | | (c) Notice published under this section must be made |
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28 | 28 | | available for the period required by law for which the publication |
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29 | 29 | | of the notice is required in a newspaper. |
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30 | 30 | | Sec. 2051.152. NOTICE BY ALTERNATIVE MEDIA. (a) A |
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31 | 31 | | political subdivision may satisfy a requirement in any other law to |
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32 | 32 | | provide notice by publication in a newspaper by publishing the |
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33 | 33 | | notice by media described by Subsection (b) that the political |
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34 | 34 | | subdivision determines has greater circulation than the newspaper |
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35 | 35 | | with the greatest circulation in the political subdivision. |
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36 | 36 | | (b) The following forms of media are authorized for |
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37 | 37 | | providing notice under Subsection (a): |
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38 | 38 | | (1) social media; |
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39 | 39 | | (2) free newspapers; |
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40 | 40 | | (3) school newspapers; |
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41 | 41 | | (4) a homeowners' association newsletter or magazine; |
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42 | 42 | | (5) utility bills; |
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43 | 43 | | (6) direct mailings; and |
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44 | 44 | | (7) any other form of media authorized by the |
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45 | 45 | | comptroller. |
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46 | 46 | | (c) A political subdivision that provides notice using |
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47 | 47 | | alternative media under this section shall submit notice to the |
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48 | 48 | | comptroller describing the alternative notice method that |
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49 | 49 | | includes: |
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50 | 50 | | (1) the number of subscribers within the political |
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51 | 51 | | subdivision of the newspaper with the greatest circulation in the |
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52 | 52 | | political subdivision; |
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53 | 53 | | (2) a description of the alternative media used for |
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54 | 54 | | the notice; and |
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55 | 55 | | (3) the circulation of the alternative media used for |
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56 | 56 | | the notice. |
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57 | 57 | | Sec. 2051.153. COMPTROLLER ALTERNATIVE NOTICE REPORT. (a) |
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58 | 58 | | The comptroller shall prepare a report that identifies and compares |
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59 | 59 | | the effectiveness of different methods of notice publication used |
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60 | 60 | | by political subdivisions. The report must include all types of |
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61 | 61 | | notice that are used under this chapter and laws that require the |
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62 | 62 | | publication of a notice in a newspaper. |
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63 | 63 | | (b) Not later than December 31 of each even-numbered year, |
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64 | 64 | | the comptroller shall submit the report described by Subsection (a) |
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65 | 65 | | to the governor, lieutenant governor, and speaker of the house of |
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66 | 66 | | representatives. |
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67 | 67 | | (c) This section expires January 1, 2023. |
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68 | 68 | | Sec. 2051.154. RULEMAKING AUTHORITY. The comptroller may |
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69 | 69 | | adopt rules necessary to administer this chapter. |
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70 | 70 | | SECTION 2. This Act takes effect September 1, 2019. |
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