Texas 2021 - 87th Regular

Texas House Bill HB2578 Compare Versions

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

Old	New	Differences
1	1	87R1070 YDB-F
2	2	By: Leach H.B. No. 2578
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the comptroller's establishment and operation of a
8	8	public information Internet website.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 5, Government Code, is amended
11	11	by adding Chapter 561 to read as follows:
12	12	CHAPTER 561. COMPTROLLER'S PUBLIC INFORMATION INTERNET WEBSITE
13	13	Sec. 561.001. DEFINITIONS. In this chapter:
14	14	(1) "Governmental entity" means:
15	15	(A) a state agency in the executive, legislative,
16	16	or judicial branch of state government, including an institution of
17	17	higher education as defined by Section 61.003, Education Code; or
18	18	(B) a political subdivision of this state.
19	19	(2) "Public information" means a public or legal
20	20	notice that a governmental entity is required to publish under a
21	21	statute or rule of this state and any other information a
22	22	governmental entity submits for publication on the public
23	23	information Internet website.
24	24	(3) "Public information Internet website" means the
25	25	official state Internet website developed and maintained by the
26	26	comptroller under this chapter.
27	27	Sec. 561.002. PUBLIC INFORMATION INTERNET WEBSITE. (a)
28	28	The comptroller shall develop and maintain an Internet website of
29	29	public information, including archived public information.
30	30	(b) The public information Internet website must be
31	31	designed to:
32	32	(1) allow a governmental entity to easily post public
33	33	information on the Internet website or the comptroller to post
34	34	public information on receipt of the information from the entity;
35	35	(2) allow the public to search and sort the public
36	36	information on the Internet website by:
37	37	(A) a specific municipality or county;
38	38	(B) a governmental entity name;
39	39	(C) the type of governmental entity;
40	40	(D) the submission date of the public
41	41	information;
42	42	(E) the event or deadline date stated in the
43	43	public information; and
44	44	(F) any additional criteria approved by the
45	45	comptroller;
46	46	(3) allow the public to search and view archived
47	47	public information posted on the Internet website;
48	48	(4) allow a person to subscribe to e-mail notices of
49	49	public information associated with a specific governmental entity;
50	50	(5) be easily accessible by the public 24 hours a day,
51	51	seven days a week, through the Texas.gov Internet website that
52	52	includes a direct link to the public information Internet website;
53	53	(6) have a unique and easy to remember Internet
54	54	website address; and
55	55	(7) have adequate systems for information security and
56	56	backup and a contingency plan to address power outages, systematic
57	57	failures, and electronic security.
58	58	(c) The comptroller shall develop a process for a
59	59	governmental entity to access the public information Internet
60	60	website to post public information or modify information previously
61	61	posted by the entity or to submit the information or modified
62	62	information to the comptroller for posting on the Internet website.
63	63	(d) In developing the public information Internet website,
64	64	the comptroller shall coordinate with the Office of Court
65	65	Administration of the Texas Judicial System regarding the Internet
66	66	website maintained by the office as required by Section 72.034, as
67	67	added by Chapter 606 (S.B. 891), Acts of the 86th Legislature,
68	68	Regular Session, 2019, to eliminate unnecessary duplication and
69	69	ensure each Internet website at a minimum includes a link to the
70	70	other Internet website.
71	71	Sec. 561.003. SUBMISSION OF PUBLIC INFORMATION; EXCEPTION.
72	72	(a) Subject to Subsection (b), each governmental entity:
73	73	(1) shall submit for inclusion on the public
74	74	information Internet website any public or legal notice a statute
75	75	or rule of this state requires the entity to publish in a newspaper;
76	76	and
77	77	(2) may submit any other public information the entity
78	78	elects to submit.
79	79	(b) A governmental entity is not required to submit for
80	80	inclusion on the public information Internet website any public or
81	81	legal notice that another statute or rule of this state requires the
82	82	entity to publish on the Internet website maintained by the Office
83	83	of Court Administration of the Texas Judicial System as required by
84	84	Section 72.034, as added by Chapter 606 (S.B. 891), Acts of the 86th
85	85	Legislature, Regular Session, 2019.
86	86	Sec. 561.004. EFFECT OF PUBLICATION ON PUBLIC INFORMATION
87	87	INTERNET WEBSITE. (a) Notwithstanding any other law other than
88	88	Subsection (b), a governmental entity's submission of public
89	89	information to the public information Internet website satisfies a
90	90	requirement imposed by another statute or rule of this state to
91	91	publish notice in a newspaper.
92	92	(b) A governmental entity's submission of public
93	93	information to the public information Internet website does not
94	94	satisfy a requirement imposed by another statute or rule of this
95	95	state to publish notice on the Internet website maintained by the
96	96	Office of Court Administration of the Texas Judicial System under
97	97	Section 72.034, as added by Chapter 606 (S.B. 891), Acts of the 86th
98	98	Legislature, Regular Session, 2019.
99	99	(c) A governmental entity at the entity's discretion may
100	100	publish notice of public information in any other format authorized
101	101	by a statute or rule of this state in addition to submitting the
102	102	public information for publication on the public information
103	103	Internet website.
104	104	Sec. 561.005. IMMUNITY FROM LIABILITY OR PENALTY. A
105	105	governmental entity that in good faith attempts to submit public
106	106	information to the public information Internet website is not
107	107	subject to liability or other penalty for failing to post the public
108	108	information to the public information Internet website or to
109	109	deliver an e-mail notice of the posted public information.
110	110	SECTION 2. As soon as practicable after the effective date
111	111	of this Act, but not later than September 1, 2022:
112	112	(1) the comptroller of public accounts shall develop
113	113	the public information Internet website required by Chapter 561,
114	114	Government Code, as added by this Act; and
115	115	(2) each governmental entity in this state shall begin
116	116	submitting public information to the public information Internet
117	117	website in the format and manner required by the comptroller and
118	118	Chapter 561, Government Code, as added by this Act.
119	119	SECTION 3. This Act takes effect September 1, 2021.