1 | 1 | | 87R14058 JTS-D |
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2 | 2 | | By: Bettencourt S.B. No. 2006 |
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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 certain |
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8 | 8 | | governmental 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; REQUIRED |
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13 | 13 | | INTERNET 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. The newspaper requirements of this subchapter apply |
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19 | 19 | | only to the extent that the other [general or special] law requiring |
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20 | 20 | | or authorizing the publication of a notice in a newspaper [by a |
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21 | 21 | | governmental entity or representative] does not specify the manner |
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22 | 22 | | of the publication, including the number of times that the notice is |
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23 | 23 | | required to be published and the period during which the notice is |
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24 | 24 | | required to be published. |
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25 | 25 | | SECTION 3. Subchapter C, Chapter 2051, Government Code, is |
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26 | 26 | | amended by adding Section 2051.0421 to read as follows: |
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27 | 27 | | Sec. 2051.0421. REQUIRED INTERNET POSTING ALTERNATIVE FOR |
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28 | 28 | | NOTICE REQUIRED TO BE PUBLISHED IN NEWSPAPER. (a) This section |
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29 | 29 | | applies only to a governmental entity that is a political |
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30 | 30 | | subdivision and a representative of a political subdivision. This |
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31 | 31 | | section does not apply to: |
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32 | 32 | | (1) a county with a population of less than 10,000; |
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33 | 33 | | (2) a municipality with a population of less than |
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34 | 34 | | 5,000 located in a county with a population of less than 25,000; or |
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35 | 35 | | (3) another type of political subdivision with a |
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36 | 36 | | population of less than 5,000 in the subdivision's boundaries that |
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37 | 37 | | is located in a county with a population of less than 25,000. |
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38 | 38 | | (b) Notwithstanding any other law and except as provided by |
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39 | 39 | | Section 2051.042(b), a governmental entity or representative |
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40 | 40 | | required by other law to provide notice by publication in a |
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41 | 41 | | newspaper shall satisfy that requirement by posting the notice: |
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42 | 42 | | (1) on the governmental entity's or representative's |
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43 | 43 | | Internet website, if applicable; and |
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44 | 44 | | (2) on the Internet website of a newspaper that meets |
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45 | 45 | | the requirements of the law requiring notice. |
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46 | 46 | | (c) Internet website notice posted as required by this |
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47 | 47 | | section: |
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48 | 48 | | (1) to the extent possible, must meet requirements |
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49 | 49 | | provided by law for the publication of the newspaper notice that can |
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50 | 50 | | be applied to an Internet website posting, including requirements |
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51 | 51 | | related to the timing, duration, content, and appearance of the |
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52 | 52 | | notice; and |
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53 | 53 | | (2) is not required to meet requirements provided by |
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54 | 54 | | law for the publication of the newspaper notice that by their nature |
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55 | 55 | | cannot be applied to an Internet website posting, including |
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56 | 56 | | requirements relating to circulation. |
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57 | 57 | | (d) This subchapter may not be construed to require a |
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58 | 58 | | governmental entity or representative that is required to post |
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59 | 59 | | Internet notice under this section to also publish notice in a |
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60 | 60 | | newspaper. |
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61 | 61 | | SECTION 4. This Act takes effect September 1, 2021. |
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