| 1 | 1 | | 87R9774 JTS-D |
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| 2 | 2 | | By: Goldman H.B. No. 3410 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to publication and posting of notice by governmental |
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| 8 | 8 | | entities and representatives. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Subchapter C, Chapter 2051, |
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| 11 | 11 | | Government Code, is amended to read as follows: |
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| 12 | 12 | | SUBCHAPTER C. NOTICE BY PUBLICATION IN NEWSPAPER; INTERNET |
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| 13 | 13 | | ALTERNATIVE |
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| 14 | 14 | | SECTION 2. Section 2051.042(a), Government Code, is amended |
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| 15 | 15 | | to read as follows: |
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| 16 | 16 | | (a) This subchapter applies only to notice that is required |
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| 17 | 17 | | or authorized by law other than this subchapter to be published in a |
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| 18 | 18 | | newspaper. If a governmental entity or representative does not |
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| 19 | 19 | | choose to post notice on an Internet website under Section |
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| 20 | 20 | | 2051.0421, this subchapter applies only to the extent that the |
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| 21 | 21 | | other [general or special] law requiring or authorizing the |
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| 22 | 22 | | publication of a notice in a newspaper [by a governmental entity or |
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| 23 | 23 | | representative] does not specify the manner of the publication, |
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| 24 | 24 | | including the number of times that the notice is required to be |
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| 25 | 25 | | published and the period during which the notice is required to be |
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| 26 | 26 | | published. |
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| 27 | 27 | | SECTION 3. Subchapter C, Chapter 2051, Government Code, is |
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| 28 | 28 | | amended by adding Section 2051.0421 to read as follows: |
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| 29 | 29 | | Sec. 2051.0421. INTERNET POSTING ALTERNATIVE FOR NOTICE |
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| 30 | 30 | | REQUIRED TO BE PUBLISHED IN NEWSPAPER. (a) Notwithstanding any |
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| 31 | 31 | | other law and except as provided by Section 2051.042(b), a |
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| 32 | 32 | | governmental entity or representative required by other law to |
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| 33 | 33 | | provide notice by publication in a newspaper may, as an |
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| 34 | 34 | | alternative, satisfy that requirement by posting the notice on the |
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| 35 | 35 | | governmental entity's or representative's Internet website. |
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| 36 | 36 | | (b) Internet website notice posted as an alternative to |
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| 37 | 37 | | required publication of notice in a newspaper as authorized by this |
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| 38 | 38 | | section: |
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| 39 | 39 | | (1) to the extent possible, must meet requirements |
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| 40 | 40 | | provided by law for the publication of the newspaper notice that can |
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| 41 | 41 | | be applied to an Internet website posting, including requirements |
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| 42 | 42 | | related to the timing, duration, content, and appearance of the |
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| 43 | 43 | | notice; and |
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| 44 | 44 | | (2) is not required to meet requirements provided by |
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| 45 | 45 | | law for the publication of the newspaper notice that by their nature |
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| 46 | 46 | | cannot be applied to an Internet website posting, including |
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| 47 | 47 | | requirements relating to circulation. |
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| 48 | 48 | | (c) This subchapter may not be construed to require a |
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| 49 | 49 | | governmental entity or representative that chooses the alternative |
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| 50 | 50 | | Internet posting under this section to also publish notice in a |
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| 51 | 51 | | newspaper. |
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| 52 | 52 | | SECTION 4. This Act takes effect September 1, 2021. |
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