By: Middleton S.B. No. 1762
A BILL TO BE ENTITLED
AN ACT
relating to a priority system for consideration by state
governmental entities of oral or written public comments received
from certain persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 5, Government Code, is amended
by adding Chapter 561 to read as follows:
CHAPTER 561. PUBLIC COMMENT POLICY
Sec. 561.0001. DEFINITION. In this chapter, "state
governmental entity" has the meaning assigned by Section 554.001,
except that the term does not include the legislature.
Sec. 561.0002. PUBLIC COMMENT PRIORITY POLICY REQUIRED.
Each state governmental entity shall adopt a policy implementing a
priority system for consideration of oral or written public
comments received by the entity in response to a matter for which
the entity is required or authorized by law to solicit public
comment.
Sec. 561.0003. CONTENT OF POLICY. (a) A policy adopted by
a state governmental entity under this chapter must require the
entity, when considering solicited public comments, to:
(1) assign first priority to public comments received
from individuals who are:
(A) residents of this state; and
(B) directly affected by the matter for which the
comment is received;
(2) assign second priority to public comments received
from individuals who are:
(A) residents of this state; and
(B) not otherwise described by Subdivision (1);
(3) assign third priority to public comments received
from:
(A) business entities whose principal places of
business are located in this state; and
(B) nonprofit organizations whose principal
places of business are located in this state and whose funding is
primarily from donors within this state; and
(4) assign fourth priority to public comments received
from:
(A) individuals who are not residents of this
state;
(B) business entities whose principal places of
business are not located in this state; and
(C) nonprofit organizations whose principal
places of business are not located in this state and whose funding
is primarily from out of state donors and entities.
(b) Public comments described by Subsection (a)(4) may be
entered into the record but shall not be considered on any business
pending before the state governmental entity. A comment entered
into the record cannot be the basis for a delay of any business
pending before the state governmental entity.
SECTION 2. Each state governmental entity to which Chapter
561, Government Code, as added by this Act, applies shall adopt a
policy implementing a priority system for consideration of oral or
written public comments received by the entity, including
identifying the category under which the public comment has been
submitted, as required by this chapter, under penalty of perjury,
not later than December 31, 2023.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.