Texas 2021 - 87th Regular

Texas House Bill HB2928 Compare Versions

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

Old	New	Differences
1	1	87R8821 JTS-F
2	2	By: Jetton H.B. No. 2928
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to publication and posting of notice by governmental
8	8	entities and representatives.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter C, Chapter 2051,
11	11	Government Code, is amended to read as follows:
12	12	SUBCHAPTER C. NOTICE BY PUBLICATION IN NEWSPAPER; INTERNET
13	13	ALTERNATIVE
14	14	SECTION 2. Section 2051.041(3), Government Code, is amended
15	15	to read as follows:
16	16	(3) "Notice" means any matter, including a
17	17	proclamation or advertisement, required or authorized by law to be
18	18	posted publicly [published in a newspaper] by a governmental entity
19	19	or representative.
20	20	SECTION 3. The heading to Section 2051.042, Government
21	21	Code, is amended to read as follows:
22	22	Sec. 2051.042. [APPLICABILITY OF] SUBCHAPTER APPLICABLE TO
23	23	NEWSPAPER NOTICE REQUIRED BY OTHER LAW.
24	24	SECTION 4. Section 2051.042(a), Government Code, is amended
25	25	to read as follows:
26	26	(a) This subchapter applies:
27	27	(1) only to notice that is required or authorized by
28	28	law other than this subchapter to be published in a newspaper; and
29	29	(2) only to the extent that the other [general or
30	30	special] law [requiring or authorizing the publication of a notice
31	31	in a newspaper by a governmental entity or representative] does not
32	32	specify the manner of the publication, including the number of
33	33	times that the notice is required to be published and the period
34	34	during which the notice is required to be published.
35	35	SECTION 5. Subchapter C, Chapter 2051, Government Code, is
36	36	amended by adding Section 2051.0421 to read as follows:
37	37	Sec. 2051.0421. INTERNET POSTING ALTERNATIVE FOR NOTICE
38	38	REQUIRED TO BE PUBLISHED IN NEWSPAPER. (a) Notwithstanding any
39	39	other law and except as provided by Section 2051.042(b), a
40	40	governmental entity or representative required by other law to
41	41	provide notice by publication in a newspaper may, as an
42	42	alternative, satisfy that requirement by posting the notice on the
43	43	governmental entity's or representative's Internet website.
44	44	(b) Internet website notice posted as an alternative to
45	45	required publication of notice in a newspaper as authorized by this
46	46	section:
47	47	(1) to the extent possible, must meet requirements
48	48	provided by law for the publication of the newspaper notice that can
49	49	be applied to an Internet website posting, including requirements
50	50	related to the timing, duration, content, and appearance of the
51	51	notice; and
52	52	(2) is not required to meet requirements provided by
53	53	law for the publication of the newspaper notice that by their nature
54	54	cannot be applied to an Internet website posting, including
55	55	requirements relating to circulation.
56	56	(c) This subchapter may not be construed to require a
57	57	governmental entity or representative that chooses the alternative
58	58	Internet posting under this section to also publish notice in a
59	59	newspaper.
60	60	SECTION 6. Section 2051.043, Government Code, is amended to
61	61	read as follows:
62	62	Sec. 2051.043. PUBLICATION IN AT LEAST ONE ISSUE REQUIRED.
63	63	A [Except as provided by Section 2051.046(b) or 2051.048(d), a]
64	64	notice published in a newspaper shall be published in at least one
65	65	issue of a newspaper.
66	66	SECTION 7. Section 2051.044(a), Government Code, is amended
67	67	to read as follows:
68	68	(a) To be eligible for the publication of notice, a [The]
69	69	newspaper [in which a notice is published] must:
70	70	(1) devote not less than 25 percent of its total column
71	71	lineage to general interest items;
72	72	(2) be published at least once each week;
73	73	(3) be entered as second-class postal matter in the
74	74	county where published; and
75	75	(4) have been published regularly and continuously for
76	76	at least 12 months before the governmental entity or representative
77	77	publishes notice.
78	78	SECTION 8. Section 2051.0441(b), Government Code, is
79	79	amended to read as follows:
80	80	(b) To be eligible for the publication of notice under this
81	81	section, the [The] newspaper [in which a notice is published under
82	82	this section] must:
83	83	(1) devote not less than 20 percent of its total column
84	84	lineage to general interest items;
85	85	(2) be published at least once each week;
86	86	(3) be entered as periodical postal matter in the
87	87	county where published or have a mailed or delivered circulation of
88	88	at least 51 percent of the residences in the county where published;
89	89	and
90	90	(4) have been published regularly and continuously for
91	91	at least 12 months before the governmental entity or representative
92	92	publishes notice.
93	93	SECTION 9. Sections 2051.046(a) and (b), Government Code,
94	94	are amended to read as follows:
95	95	(a) A [notice of a] county may contract for publication of
96	96	newspaper notice only with [shall be published in] a newspaper
97	97	published in the county that will publish the notice at or below the
98	98	legal rate.
99	99	(b) If no newspaper that will publish the notice at or below
100	100	the legal rate is published in the county, the notice shall be
101	101	posted:
102	102	(1) at the door of the county courthouse; or
103	103	(2) on the governmental entity's or representative's
104	104	Internet website, as authorized by Section 2051.0421.
105	105	SECTION 10. Sections 2051.048(b) and (d), Government Code,
106	106	are amended to read as follows:
107	107	(b) A [notice of a] political subdivision may contract for
108	108	the publication of newspaper notice only with [shall be published
109	109	in] a newspaper that is published in the political subdivision and
110	110	that will publish the notice at or below the legal rate.
111	111	(d) If no newspaper published in the county in which the
112	112	political subdivision is located will publish the notice at or
113	113	below the legal rate, the political subdivision shall post the
114	114	notice:
115	115	(1) at the door of the county courthouse of the county
116	116	in which the political subdivision is located; or
117	117	(2) on the governmental entity's or representative's
118	118	Internet website, as authorized by Section 2051.0421.
119	119	SECTION 11. Section 2051.049, Government Code, is amended
120	120	to read as follows:
121	121	Sec. 2051.049. SELECTION OF NEWSPAPER. A [The]
122	122	governmental entity or representative that publishes [required to
123	123	publish] a notice in a newspaper shall select, in accordance with
124	124	this subchapter, one or more newspapers to publish the notice.
125	125	SECTION 12. Section 2051.050, Government Code, is amended
126	126	to read as follows:
127	127	Sec. 2051.050. TIME OF PUBLICATION. (a) A notice must be
128	128	published in a newspaper issued at least one day before the
129	129	occurrence of the event to which the notice refers.
130	130	(b) A notice posted on a governmental entity's or
131	131	representative's Internet website as an alternative to required
132	132	newspaper notice under Section 2051.0421 must be posted at least
133	133	one day before the occurrence of the event to which the notice
134	134	refers.
135	135	SECTION 13. This Act takes effect September 1, 2021.