1 | 1 | | 88R26372 MP-D |
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2 | 2 | | By: Shaheen, Cook H.B. No. 622 |
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3 | 3 | | Substitute the following for H.B. No. 622: |
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4 | 4 | | By: Stucky C.S.H.B. No. 622 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the publication of required notice by certain political |
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10 | 10 | | subdivisions by alternative media. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Chapter 2051, Government Code, is amended by |
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13 | 13 | | adding Subchapter C-1 to read as follows: |
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14 | 14 | | SUBCHAPTER C-1. NOTICE BY PUBLICATION IN MEDIA OTHER THAN |
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15 | 15 | | NEWSPAPER BY CERTAIN POLITICAL SUBDIVISIONS |
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16 | 16 | | Sec. 2051.081. APPLICABILITY. This subchapter applies only |
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17 | 17 | | to a political subdivision with a population of 75,000 or less and |
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18 | 18 | | in which there is no newspaper of general circulation. If no |
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19 | 19 | | population is specified for a political subdivision in the federal |
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20 | 20 | | decennial census, the population of the political subdivision is |
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21 | 21 | | the population determined by the attorney general for purposes of |
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22 | 22 | | this section. |
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23 | 23 | | Sec. 2051.082. NOTICE BY ALTERNATIVE MEDIA. (a) A |
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24 | 24 | | political subdivision may satisfy a requirement in any other law to |
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25 | 25 | | provide notice by publication in a newspaper by publishing the |
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26 | 26 | | notice: |
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27 | 27 | | (1) by media described by Subsection (d); and |
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28 | 28 | | (2) for a continuous period of not less than two weeks |
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29 | 29 | | in a prominent location on an Internet website maintained by the |
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30 | 30 | | political subdivision that does not require user registration or |
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31 | 31 | | payment for access. |
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32 | 32 | | (b) A political subdivision that publishes notice on an |
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33 | 33 | | Internet website under Subsection (a)(2) must ensure that: |
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34 | 34 | | (1) the Internet website and the notices are |
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35 | 35 | | searchable; and |
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36 | 36 | | (2) that a user is able to search the notices by: |
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37 | 37 | | (A) subject matter; |
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38 | 38 | | (B) the location required to be provided in the |
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39 | 39 | | notice under the other laws that require notice by publication in a |
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40 | 40 | | newspaper; and |
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41 | 41 | | (C) both subject matter and location. |
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42 | 42 | | (c) Before providing notice by an alternative method under |
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43 | 43 | | Subsection (a), a political subdivision must hold a public meeting |
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44 | 44 | | about the alternative notice method. |
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45 | 45 | | (d) The following forms of media are authorized for |
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46 | 46 | | providing notice under Subsection (a)(1): |
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47 | 47 | | (1) social media; |
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48 | 48 | | (2) free newspapers; |
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49 | 49 | | (3) school newspapers; |
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50 | 50 | | (4) a homeowners' association newsletter or magazine; |
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51 | 51 | | (5) utility bills; |
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52 | 52 | | (6) direct mailings; and |
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53 | 53 | | (7) a print or digital newsletter. |
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54 | 54 | | (e) A political subdivision that provides notice using |
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55 | 55 | | alternative media under this section shall submit notice to the |
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56 | 56 | | attorney general describing the alternative notice method that |
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57 | 57 | | includes: |
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58 | 58 | | (1) a list of the other laws requiring notice by |
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59 | 59 | | publication in a newspaper for which notice published under this |
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60 | 60 | | section is an alternative; |
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61 | 61 | | (2) a description of the alternative media used for |
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62 | 62 | | the notice; and |
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63 | 63 | | (3) a link to the Internet website maintained by the |
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64 | 64 | | political subdivision where the public notice will be posted. |
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65 | 65 | | (f) After receipt of the notice under Subsection (e), the |
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66 | 66 | | attorney general shall promptly publish on the attorney general's |
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67 | 67 | | Internet website a list of political subdivisions that provide |
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68 | 68 | | notice as described by this subchapter. |
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69 | 69 | | Sec. 2051.083. RULEMAKING AUTHORITY. The attorney general |
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70 | 70 | | may adopt rules necessary to administer this subchapter. |
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71 | 71 | | SECTION 2. This Act takes effect September 1, 2023. |
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