Texas 2023 - 88th Regular

Texas Senate Bill SB1762 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Middleton S.B. No. 1762
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a priority system for consideration by state
7	7	governmental entities of oral or written public comments received
8	8	from certain persons.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 5, Government Code, is amended
11	11	by adding Chapter 561 to read as follows:
12	12	CHAPTER 561. PUBLIC COMMENT POLICY
13	13	Sec. 561.0001. DEFINITION. In this chapter, "state
14	14	governmental entity" has the meaning assigned by Section 554.001,
15	15	except that the term does not include the legislature.
16	16	Sec. 561.0002. PUBLIC COMMENT PRIORITY POLICY REQUIRED.
17	17	Each state governmental entity shall adopt a policy implementing a
18	18	priority system for consideration of oral or written public
19	19	comments received by the entity in response to a matter for which
20	20	the entity is required or authorized by law to solicit public
21	21	comment.
22	22	Sec. 561.0003. CONTENT OF POLICY. (a) A policy adopted by
23	23	a state governmental entity under this chapter must require the
24	24	entity, when considering solicited public comments, to:
25	25	(1) assign first priority to public comments received
26	26	from individuals who are:
27	27	(A) residents of this state; and
28	28	(B) directly affected by the matter for which the
29	29	comment is received;
30	30	(2) assign second priority to public comments received
31	31	from individuals who are:
32	32	(A) residents of this state; and
33	33	(B) not otherwise described by Subdivision (1);
34	34	(3) assign third priority to public comments received
35	35	from:
36	36	(A) business entities whose principal places of
37	37	business are located in this state; and
38	38	(B) nonprofit organizations whose principal
39	39	places of business are located in this state and whose funding is
40	40	primarily from donors within this state; and
41	41	(4) assign fourth priority to public comments received
42	42	from:
43	43	(A) individuals who are not residents of this
44	44	state;
45	45	(B) business entities whose principal places of
46	46	business are not located in this state; and
47	47	(C) nonprofit organizations whose principal
48	48	places of business are not located in this state and whose funding
49	49	is primarily from out of state donors and entities.
50	50	(b) Public comments described by Subsection (a)(4) may be
51	51	entered into the record but shall not be considered on any business
52	52	pending before the state governmental entity. A comment entered
53	53	into the record cannot be the basis for a delay of any business
54	54	pending before the state governmental entity.
55	55	SECTION 2. Each state governmental entity to which Chapter
56	56	561, Government Code, as added by this Act, applies shall adopt a
57	57	policy implementing a priority system for consideration of oral or
58	58	written public comments received by the entity, including
59	59	identifying the category under which the public comment has been
60	60	submitted, as required by this chapter, under penalty of perjury,
61	61	not later than December 31, 2023.
62	62	SECTION 3. This Act takes effect immediately if it receives
63	63	a vote of two-thirds of all the members elected to each house, as
64	64	provided by Section 39, Article III, Texas Constitution. If this
65	65	Act does not receive the vote necessary for immediate effect, this
66	66	Act takes effect September 1, 2023.