87R1070 YDB-F
By: Leach H.B. No. 2578
A BILL TO BE ENTITLED
AN ACT
relating to the comptroller's establishment and operation 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. COMPTROLLER'S 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 of this state and any other information 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 on the Internet website 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 submission date of the public
information;
(E) the event or deadline date stated in the
public information; 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,
seven 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 information security and
backup and a contingency plan 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.
(d) In developing the public information Internet website,
the comptroller shall coordinate with the Office of Court
Administration of the Texas Judicial System regarding the Internet
website maintained by the office as required by Section 72.034, as
added by Chapter 606 (S.B. 891), Acts of the 86th Legislature,
Regular Session, 2019, to eliminate unnecessary duplication and
ensure each Internet website at a minimum includes a link to the
other Internet website.
Sec. 561.003. SUBMISSION OF PUBLIC INFORMATION; EXCEPTION.
(a) Subject to Subsection (b), each governmental entity:
(1) shall submit for inclusion on the public
information Internet website any public or legal notice a statute
or rule of this state requires the entity to publish in a newspaper;
and
(2) may submit any other public information the entity
elects to submit.
(b) A governmental entity is not required to submit for
inclusion on the public information Internet website any public or
legal notice that another statute or rule of this state requires the
entity to publish on the Internet website maintained by the Office
of Court Administration of the Texas Judicial System as required by
Section 72.034, as added by Chapter 606 (S.B. 891), Acts of the 86th
Legislature, Regular Session, 2019.
Sec. 561.004. EFFECT OF PUBLICATION ON PUBLIC INFORMATION
INTERNET WEBSITE. (a) Notwithstanding any other law other than
Subsection (b), a governmental entity's submission of public
information to the public information Internet website satisfies a
requirement imposed by another statute or rule of this state to
publish notice in a newspaper.
(b) A governmental entity's submission of public
information to the public information Internet website does not
satisfy a requirement imposed by another statute or rule of this
state to publish notice on the Internet website maintained by the
Office of Court Administration of the Texas Judicial System under
Section 72.034, as added by Chapter 606 (S.B. 891), Acts of the 86th
Legislature, Regular Session, 2019.
(c) A governmental entity at the entity's discretion may
publish notice of public information in any other format authorized
by a statute or rule of this state in addition to submitting the
public information for publication on the public information
Internet website.
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 is not
subject to liability or other penalty for failing to post the public
information to the public information Internet website or to
deliver 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, 2022:
(1) the comptroller of public accounts shall develop
the public information Internet website 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, 2021.