87R8821 JTS-F
By: Jetton H.B. No. 2928
A BILL TO BE ENTITLED
AN ACT
relating to publication and posting of notice by governmental
entities and representatives.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter C, Chapter 2051,
Government Code, is amended to read as follows:
SUBCHAPTER C. NOTICE BY PUBLICATION IN NEWSPAPER; INTERNET
ALTERNATIVE
SECTION 2. Section 2051.041(3), Government Code, is amended
to read as follows:
(3) "Notice" means any matter, including a
proclamation or advertisement, required or authorized by law to be
posted publicly [published in a newspaper] by a governmental entity
or representative.
SECTION 3. The heading to Section 2051.042, Government
Code, is amended to read as follows:
Sec. 2051.042. [APPLICABILITY OF] SUBCHAPTER APPLICABLE TO
NEWSPAPER NOTICE REQUIRED BY OTHER LAW.
SECTION 4. Section 2051.042(a), Government Code, is amended
to read as follows:
(a) This subchapter applies:
(1) only to notice that is required or authorized by
law other than this subchapter to be published in a newspaper; and
(2) only to the extent that the other [general or
special] law [requiring or authorizing the publication of a notice
in a newspaper by a governmental entity or representative] does not
specify the manner of the publication, including the number of
times that the notice is required to be published and the period
during which the notice is required to be published.
SECTION 5. Subchapter C, Chapter 2051, Government Code, is
amended by adding Section 2051.0421 to read as follows:
Sec. 2051.0421. INTERNET POSTING ALTERNATIVE FOR NOTICE
REQUIRED TO BE PUBLISHED IN NEWSPAPER. (a) Notwithstanding any
other law and except as provided by Section 2051.042(b), a
governmental entity or representative required by other law to
provide notice by publication in a newspaper may, as an
alternative, satisfy that requirement by posting the notice on the
governmental entity's or representative's Internet website.
(b) Internet website notice posted as an alternative to
required publication of notice in a newspaper as authorized by this
section:
(1) to the extent possible, must meet requirements
provided by law for the publication of the newspaper notice that can
be applied to an Internet website posting, including requirements
related to the timing, duration, content, and appearance of the
notice; and
(2) is not required to meet requirements provided by
law for the publication of the newspaper notice that by their nature
cannot be applied to an Internet website posting, including
requirements relating to circulation.
(c) This subchapter may not be construed to require a
governmental entity or representative that chooses the alternative
Internet posting under this section to also publish notice in a
newspaper.
SECTION 6. Section 2051.043, Government Code, is amended to
read as follows:
Sec. 2051.043. PUBLICATION IN AT LEAST ONE ISSUE REQUIRED.
A [Except as provided by Section 2051.046(b) or 2051.048(d), a]
notice published in a newspaper shall be published in at least one
issue of a newspaper.
SECTION 7. Section 2051.044(a), Government Code, is amended
to read as follows:
(a) To be eligible for the publication of notice, a [The]
newspaper [in which a notice is published] must:
(1) devote not less than 25 percent of its total column
lineage to general interest items;
(2) be published at least once each week;
(3) be entered as second-class postal matter in the
county where published; and
(4) have been published regularly and continuously for
at least 12 months before the governmental entity or representative
publishes notice.
SECTION 8. Section 2051.0441(b), Government Code, is
amended to read as follows:
(b) To be eligible for the publication of notice under this
section, the [The] newspaper [in which a notice is published under
this section] must:
(1) devote not less than 20 percent of its total column
lineage to general interest items;
(2) be published at least once each week;
(3) be entered as periodical postal matter in the
county where published or have a mailed or delivered circulation of
at least 51 percent of the residences in the county where published;
and
(4) have been published regularly and continuously for
at least 12 months before the governmental entity or representative
publishes notice.
SECTION 9. Sections 2051.046(a) and (b), Government Code,
are amended to read as follows:
(a) A [notice of a] county may contract for publication of
newspaper notice only with [shall be published in] a newspaper
published in the county that will publish the notice at or below the
legal rate.
(b) If no newspaper that will publish the notice at or below
the legal rate is published in the county, the notice shall be
posted:
(1) at the door of the county courthouse; or
(2) on the governmental entity's or representative's
Internet website, as authorized by Section 2051.0421.
SECTION 10. Sections 2051.048(b) and (d), Government Code,
are amended to read as follows:
(b) A [notice of a] political subdivision may contract for
the publication of newspaper notice only with [shall be published
in] a newspaper that is published in the political subdivision and
that will publish the notice at or below the legal rate.
(d) If no newspaper published in the county in which the
political subdivision is located will publish the notice at or
below the legal rate, the political subdivision shall post the
notice:
(1) at the door of the county courthouse of the county
in which the political subdivision is located; or
(2) on the governmental entity's or representative's
Internet website, as authorized by Section 2051.0421.
SECTION 11. Section 2051.049, Government Code, is amended
to read as follows:
Sec. 2051.049. SELECTION OF NEWSPAPER. A [The]
governmental entity or representative that publishes [required to
publish] a notice in a newspaper shall select, in accordance with
this subchapter, one or more newspapers to publish the notice.
SECTION 12. Section 2051.050, Government Code, is amended
to read as follows:
Sec. 2051.050. TIME OF PUBLICATION. (a) A notice must be
published in a newspaper issued at least one day before the
occurrence of the event to which the notice refers.
(b) A notice posted on a governmental entity's or
representative's Internet website as an alternative to required
newspaper notice under Section 2051.0421 must be posted at least
one day before the occurrence of the event to which the notice
refers.
SECTION 13. This Act takes effect September 1, 2021.