88R2380 MP-D
By: Shaheen H.B. No. 622
A BILL TO BE ENTITLED
AN ACT
relating to the publication of required notice by a political
subdivision by alternative media.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2051, Government Code, is amended by
adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. NOTICE BY PUBLICATION IN MEDIA OTHER THAN
NEWSPAPER
Sec. 2051.081. NOTICE BY ALTERNATIVE MEDIA. (a) A
political subdivision may satisfy a requirement in any other law to
provide notice by publication in a newspaper by publishing the
notice:
(1) by media described by Subsection (c) that the
political subdivision determines has greater circulation than the
newspaper with the greatest circulation in the political
subdivision; and
(2) on the Internet websites maintained by:
(A) the political subdivision; and
(B) the comptroller.
(b) Before providing notice by an alternative method under
Subsection (a), a political subdivision must hold a public meeting
about the alternative notice method. During the meeting, the
political subdivision must demonstrate that the circulation of the
alternative media will be greater than the circulation of the
newspaper with the greatest circulation in the political
subdivision.
(c) The following forms of media are authorized for
providing notice under Subsection (a)(1):
(1) social media;
(2) free newspapers;
(3) school newspapers;
(4) a homeowners' association newsletter or magazine;
(5) utility bills;
(6) direct mailings; and
(7) any other form of media authorized by the
comptroller.
(d) A political subdivision that provides notice using
alternative media under this section shall submit notice to the
comptroller describing the alternative notice method that
includes:
(1) the number of subscribers within the political
subdivision of the newspaper with the greatest circulation in the
political subdivision;
(2) a description of the alternative media used for
the notice; and
(3) the circulation of the alternative media used for
the notice.
(e) After receipt of the notice under Subsection (d), the
comptroller shall promptly publish on the comptroller's Internet
website notice as described by Subsection (a)(2), unless the
comptroller requires notice by newspaper under Subsection (f) or
waives the requirement under Subsection (g).
(f) The comptroller may require a political subdivision to
provide notice by newspaper if the comptroller:
(1) determines the alternative media used by the
political subdivision to provide notice under Subsection (a) does
not have a greater circulation than the newspaper with the greatest
circulation in the political subdivision; and
(2) provides written notice to the political
subdivision of the comptroller's determination under Subdivision
(1).
(g) A political subdivision may request from the
comptroller, and the comptroller may grant, a waiver from the
requirements of Subsection (a)(2) if the political subdivision
provides sufficient proof that Internet access is limited in the
political subdivision. If the comptroller grants the waiver, the
political subdivision must provide additional notice on a public
agenda board within the political subdivision.
(h) Notice published under Subsection (a)(2) must be made
available for the period of time required by law for which the
publication of the notice is required in a newspaper.
Sec. 2051.0815. COMPTROLLER ALTERNATIVE NOTICE REPORT. (a)
The comptroller shall prepare a report that identifies and compares
the effectiveness of different methods of notice publication used
by political subdivisions. The report must include all types of
notice that are used under this chapter and laws that require the
publication of a notice in a newspaper by a political subdivision.
(b) Not later than December 31 of each even-numbered year,
the comptroller shall submit the report described by Subsection (a)
to the governor, lieutenant governor, and speaker of the house of
representatives.
(c) This section expires January 1, 2027.
Sec. 2051.082. RULEMAKING AUTHORITY. The comptroller may
adopt rules necessary to administer this subchapter.
SECTION 2. This Act takes effect September 1, 2023.