Bill Text: TX HB1030 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the publication of required notice by a political subdivision by alternative media.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-04-20 - Withdrawn from schedule [HB1030 Detail]
Download: Texas-2021-HB1030-Introduced.html
| 87R4728 MP-D | ||
| By: Shaheen | H.B. No. 1030 | |
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| relating to the publication of required notice by a political | ||
| subdivision by alternative media. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2051, Government Code, is amended by | ||
| adding Subchapter G to read as follows: | ||
| SUBCHAPTER G. NOTICE BY PUBLICATION IN MEDIA OTHER THAN NEWSPAPER | ||
| Sec. 2051.251. NOTICE BY ALTERNATIVE MEDIA. (a) A | ||
| political subdivision may satisfy a requirement in any other law to | ||
| provide notice by publication in a newspaper by publishing the | ||
| notice: | ||
| (1) by media described by Subsection (c) that the | ||
| political subdivision determines has greater circulation than the | ||
| newspaper with the greatest circulation in the political | ||
| subdivision; and | ||
| (2) on the Internet websites maintained by: | ||
| (A) the political subdivision; and | ||
| (B) the comptroller. | ||
| (b) Before providing notice by an alternative method under | ||
| Subsection (a), a political subdivision must hold a public meeting | ||
| about the alternative notice method. During the meeting, the | ||
| political subdivision must demonstrate that the circulation of the | ||
| alternative media will be greater than the circulation of the | ||
| newspaper with the greatest circulation in the political | ||
| subdivision. | ||
| (c) The following forms of media are authorized for | ||
| providing notice under Subsection (a)(1): | ||
| (1) social media; | ||
| (2) free newspapers; | ||
| (3) school newspapers; | ||
| (4) a homeowners' association newsletter or magazine; | ||
| (5) utility bills; | ||
| (6) direct mailings; and | ||
| (7) any other form of media authorized by the | ||
| comptroller. | ||
| (d) A political subdivision that provides notice using | ||
| alternative media under this section shall submit notice to the | ||
| comptroller describing the alternative notice method that | ||
| includes: | ||
| (1) the number of subscribers within the political | ||
| subdivision of the newspaper with the greatest circulation in the | ||
| political subdivision; | ||
| (2) a description of the alternative media used for | ||
| the notice; and | ||
| (3) the circulation of the alternative media used for | ||
| the notice. | ||
| (e) After receipt of the notice under Subsection (d), the | ||
| comptroller shall promptly publish on the comptroller's Internet | ||
| website notice as described by Subsection (a)(2), unless the | ||
| comptroller requires notice by newspaper under Subsection (f) or | ||
| waives the requirement under Subsection (g). | ||
| (f) The comptroller may require a political subdivision to | ||
| provide notice by newspaper if the comptroller: | ||
| (1) determines the alternative media used by the | ||
| political subdivision to provide notice under Subsection (a) does | ||
| not have a greater circulation than the newspaper with the greatest | ||
| circulation in the political subdivision; and | ||
| (2) provides written notice to the political | ||
| subdivision of the comptroller's determination under Subdivision | ||
| (1). | ||
| (g) A political subdivision may request from the | ||
| comptroller, and the comptroller may grant, a waiver from the | ||
| requirements of Subsection (a)(2) if the political subdivision | ||
| provides sufficient proof that Internet access is limited in the | ||
| political subdivision. If the comptroller grants the waiver, the | ||
| political subdivision must provide additional notice on a public | ||
| agenda board within the political subdivision. | ||
| (h) Notice published under Subsection (a)(2) must be made | ||
| available for the period of time required by law for which the | ||
| publication of the notice is required in a newspaper. | ||
| Sec. 2051.252. COMPTROLLER ALTERNATIVE NOTICE REPORT. (a) | ||
| The comptroller shall prepare a report that identifies and compares | ||
| the effectiveness of different methods of notice publication used | ||
| by political subdivisions. The report must include all types of | ||
| notice that are used under this chapter and laws that require the | ||
| publication of a notice in a newspaper by a political subdivision. | ||
| (b) Not later than December 31 of each even-numbered year, | ||
| the comptroller shall submit the report described by Subsection (a) | ||
| to the governor, lieutenant governor, and speaker of the house of | ||
| representatives. | ||
| (c) This section expires January 1, 2025. | ||
| Sec. 2051.253. RULEMAKING AUTHORITY. The comptroller may | ||
| adopt rules necessary to administer this subchapter. | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
