89R624 CJC-F
By: Middleton S.B. No. 520
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 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 business entities and nonprofit organizations whose principal
places of business are located in this state; and
(4) assign fourth priority to public comments received
from:
(A) individuals who are not residents of this
state; and
(B) business entities and nonprofit
organizations whose principal places of business are not located in
this state.
Sec. 561.0004. EFFECT OF PRIORITY ASSIGNMENT ON
CONSIDERATION OF PUBLIC COMMENT. A public comment described by
Section 561.0003(4) that is received by a state governmental
entity:
(1) may be entered into the official record of the
proceeding at which the comment is received by the entity; and
(2) may not:
(A) be considered by the entity in relation to
any business pending before the entity; or
(B) form the basis for a delay in consideration
of any business pending before the 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 as required by that
chapter not later than December 31, 2025.
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, 2025.