Texas 2021 - 87th Regular

Texas House Bill HB1030 Compare Versions

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

Old	New	Differences
1	1	87R4728 MP-D
2	2	By: Shaheen H.B. No. 1030
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the publication of required notice by a political
8	8	subdivision by alternative media.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 2051, Government Code, is amended by
11	11	adding Subchapter G to read as follows:
12	12	SUBCHAPTER G. NOTICE BY PUBLICATION IN MEDIA OTHER THAN NEWSPAPER
13	13	Sec. 2051.251. NOTICE BY ALTERNATIVE MEDIA. (a) A
14	14	political subdivision may satisfy a requirement in any other law to
15	15	provide notice by publication in a newspaper by publishing the
16	16	notice:
17	17	(1) by media described by Subsection (c) that the
18	18	political subdivision determines has greater circulation than the
19	19	newspaper with the greatest circulation in the political
20	20	subdivision; and
21	21	(2) on the Internet websites maintained by:
22	22	(A) the political subdivision; and
23	23	(B) the comptroller.
24	24	(b) Before providing notice by an alternative method under
25	25	Subsection (a), a political subdivision must hold a public meeting
26	26	about the alternative notice method. During the meeting, the
27	27	political subdivision must demonstrate that the circulation of the
28	28	alternative media will be greater than the circulation of the
29	29	newspaper with the greatest circulation in the political
30	30	subdivision.
31	31	(c) The following forms of media are authorized for
32	32	providing notice under Subsection (a)(1):
33	33	(1) social media;
34	34	(2) free newspapers;
35	35	(3) school newspapers;
36	36	(4) a homeowners' association newsletter or magazine;
37	37	(5) utility bills;
38	38	(6) direct mailings; and
39	39	(7) any other form of media authorized by the
40	40	comptroller.
41	41	(d) A political subdivision that provides notice using
42	42	alternative media under this section shall submit notice to the
43	43	comptroller describing the alternative notice method that
44	44	includes:
45	45	(1) the number of subscribers within the political
46	46	subdivision of the newspaper with the greatest circulation in the
47	47	political subdivision;
48	48	(2) a description of the alternative media used for
49	49	the notice; and
50	50	(3) the circulation of the alternative media used for
51	51	the notice.
52	52	(e) After receipt of the notice under Subsection (d), the
53	53	comptroller shall promptly publish on the comptroller's Internet
54	54	website notice as described by Subsection (a)(2), unless the
55	55	comptroller requires notice by newspaper under Subsection (f) or
56	56	waives the requirement under Subsection (g).
57	57	(f) The comptroller may require a political subdivision to
58	58	provide notice by newspaper if the comptroller:
59	59	(1) determines the alternative media used by the
60	60	political subdivision to provide notice under Subsection (a) does
61	61	not have a greater circulation than the newspaper with the greatest
62	62	circulation in the political subdivision; and
63	63	(2) provides written notice to the political
64	64	subdivision of the comptroller's determination under Subdivision
65	65	(1).
66	66	(g) A political subdivision may request from the
67	67	comptroller, and the comptroller may grant, a waiver from the
68	68	requirements of Subsection (a)(2) if the political subdivision
69	69	provides sufficient proof that Internet access is limited in the
70	70	political subdivision. If the comptroller grants the waiver, the
71	71	political subdivision must provide additional notice on a public
72	72	agenda board within the political subdivision.
73	73	(h) Notice published under Subsection (a)(2) must be made
74	74	available for the period of time required by law for which the
75	75	publication of the notice is required in a newspaper.
76	76	Sec. 2051.252. COMPTROLLER ALTERNATIVE NOTICE REPORT. (a)
77	77	The comptroller shall prepare a report that identifies and compares
78	78	the effectiveness of different methods of notice publication used
79	79	by political subdivisions. The report must include all types of
80	80	notice that are used under this chapter and laws that require the
81	81	publication of a notice in a newspaper by a political subdivision.
82	82	(b) Not later than December 31 of each even-numbered year,
83	83	the comptroller shall submit the report described by Subsection (a)
84	84	to the governor, lieutenant governor, and speaker of the house of
85	85	representatives.
86	86	(c) This section expires January 1, 2025.
87	87	Sec. 2051.253. RULEMAKING AUTHORITY. The comptroller may
88	88	adopt rules necessary to administer this subchapter.
89	89	SECTION 2. This Act takes effect September 1, 2021.