1 | 1 | | 89R624 CJC-F |
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2 | 2 | | By: Middleton S.B. No. 520 |
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3 | 3 | | |
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4 | 4 | | |
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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 a priority system for consideration by state |
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10 | 10 | | governmental entities of oral or written public comments received |
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11 | 11 | | from certain persons. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Subtitle A, Title 5, Government Code, is amended |
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14 | 14 | | by adding Chapter 561 to read as follows: |
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15 | 15 | | CHAPTER 561. PUBLIC COMMENT POLICY |
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16 | 16 | | Sec. 561.0001. DEFINITION. In this chapter, "state |
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17 | 17 | | governmental entity" has the meaning assigned by Section 554.001, |
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18 | 18 | | except that the term does not include the legislature. |
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19 | 19 | | Sec. 561.0002. PUBLIC COMMENT PRIORITY POLICY REQUIRED. |
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20 | 20 | | Each state governmental entity shall adopt a policy implementing a |
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21 | 21 | | priority system for consideration of oral or written public |
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22 | 22 | | comments received by the entity in response to a matter for which |
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23 | 23 | | the entity is required or authorized by law to solicit public |
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24 | 24 | | comment. |
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25 | 25 | | Sec. 561.0003. CONTENT OF POLICY. A policy adopted by a |
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26 | 26 | | state governmental entity under this chapter must require the |
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27 | 27 | | entity, when considering solicited public comments, to: |
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28 | 28 | | (1) assign first priority to public comments received |
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29 | 29 | | from individuals who are: |
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30 | 30 | | (A) residents of this state; and |
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31 | 31 | | (B) directly affected by the matter for which the |
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32 | 32 | | comment is received; |
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33 | 33 | | (2) assign second priority to public comments received |
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34 | 34 | | from individuals who are: |
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35 | 35 | | (A) residents of this state; and |
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36 | 36 | | (B) not otherwise described by Subdivision (1); |
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37 | 37 | | (3) assign third priority to public comments received |
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38 | 38 | | from business entities and nonprofit organizations whose principal |
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39 | 39 | | places of business are located in this state; and |
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40 | 40 | | (4) assign fourth priority to public comments received |
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41 | 41 | | from: |
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42 | 42 | | (A) individuals who are not residents of this |
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43 | 43 | | state; and |
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44 | 44 | | (B) business entities and nonprofit |
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45 | 45 | | organizations whose principal places of business are not located in |
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46 | 46 | | this state. |
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47 | 47 | | Sec. 561.0004. EFFECT OF PRIORITY ASSIGNMENT ON |
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48 | 48 | | CONSIDERATION OF PUBLIC COMMENT. A public comment described by |
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49 | 49 | | Section 561.0003(4) that is received by a state governmental |
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50 | 50 | | entity: |
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51 | 51 | | (1) may be entered into the official record of the |
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52 | 52 | | proceeding at which the comment is received by the entity; and |
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53 | 53 | | (2) may not: |
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54 | 54 | | (A) be considered by the entity in relation to |
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55 | 55 | | any business pending before the entity; or |
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56 | 56 | | (B) form the basis for a delay in consideration |
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57 | 57 | | of any business pending before the entity. |
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58 | 58 | | SECTION 2. Each state governmental entity to which Chapter |
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59 | 59 | | 561, Government Code, as added by this Act, applies shall adopt a |
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60 | 60 | | policy implementing a priority system for consideration of oral or |
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61 | 61 | | written public comments received by the entity as required by that |
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62 | 62 | | chapter not later than December 31, 2025. |
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63 | 63 | | SECTION 3. This Act takes effect immediately if it receives |
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64 | 64 | | a vote of two-thirds of all the members elected to each house, as |
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65 | 65 | | provided by Section 39, Article III, Texas Constitution. If this |
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66 | 66 | | Act does not receive the vote necessary for immediate effect, this |
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67 | 67 | | Act takes effect September 1, 2025. |
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