Bill Text: TX HB2928 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to publication and posting of notice by governmental entities and representatives.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-18 - Referred to State Affairs [HB2928 Detail]

Download: Texas-2021-HB2928-Introduced.html
  87R8821 JTS-F
 
  By: Jetton H.B. No. 2928
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to publication and posting of notice by governmental
  entities and representatives.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter C, Chapter 2051,
  Government Code, is amended to read as follows:
  SUBCHAPTER C. NOTICE BY PUBLICATION IN NEWSPAPER; INTERNET
  ALTERNATIVE
         SECTION 2.  Section 2051.041(3), Government Code, is amended
  to read as follows:
               (3)  "Notice" means any matter, including a
  proclamation or advertisement, required or authorized by law to be
  posted publicly [published in a newspaper] by a governmental entity
  or representative.
         SECTION 3.  The heading to Section 2051.042, Government
  Code, is amended to read as follows:
         Sec. 2051.042.  [APPLICABILITY OF] SUBCHAPTER APPLICABLE TO
  NEWSPAPER NOTICE REQUIRED BY OTHER LAW.
         SECTION 4.  Section 2051.042(a), Government Code, is amended
  to read as follows:
         (a)  This subchapter applies:
               (1)  only to notice that is required or authorized by
  law other than this subchapter to be published in a newspaper; and
               (2)  only to the extent that the other [general or
  special] law [requiring or authorizing the publication of a notice
  in a newspaper by a governmental entity or representative] does not
  specify the manner of the publication, including the number of
  times that the notice is required to be published and the period
  during which the notice is required to be published.
         SECTION 5.  Subchapter C, Chapter 2051, Government Code, is
  amended by adding Section 2051.0421 to read as follows:
         Sec. 2051.0421.  INTERNET POSTING ALTERNATIVE FOR NOTICE
  REQUIRED TO BE PUBLISHED IN NEWSPAPER. (a) Notwithstanding any
  other law and except as provided by Section 2051.042(b), a
  governmental entity or representative required by other law to
  provide notice by publication in a newspaper may, as an
  alternative, satisfy that requirement by posting the notice on the
  governmental entity's or representative's Internet website.
         (b)  Internet website notice posted as an alternative to
  required publication of notice in a newspaper as authorized by this
  section:
               (1)  to the extent possible, must meet requirements
  provided by law for the publication of the newspaper notice that can
  be applied to an Internet website posting, including requirements
  related to the timing, duration, content, and appearance of the
  notice; and
               (2)  is not required to meet requirements provided by
  law for the publication of the newspaper notice that by their nature
  cannot be applied to an Internet website posting, including
  requirements relating to circulation.
         (c)  This subchapter may not be construed to require a
  governmental entity or representative that chooses the alternative
  Internet posting under this section to also publish notice in a
  newspaper.
         SECTION 6.  Section 2051.043, Government Code, is amended to
  read as follows:
         Sec. 2051.043.  PUBLICATION IN AT LEAST ONE ISSUE REQUIRED.
  A [Except as provided by Section 2051.046(b) or 2051.048(d), a]
  notice published in a newspaper shall be published in at least one
  issue of a newspaper.
         SECTION 7.  Section 2051.044(a), Government Code, is amended
  to read as follows:
         (a)  To be eligible for the publication of notice, a [The]
  newspaper [in which a notice is published] must:
               (1)  devote not less than 25 percent of its total column
  lineage to general interest items;
               (2)  be published at least once each week;
               (3)  be entered as second-class postal matter in the
  county where published; and
               (4)  have been published regularly and continuously for
  at least 12 months before the governmental entity or representative
  publishes notice.
         SECTION 8.  Section 2051.0441(b), Government Code, is
  amended to read as follows:
         (b)  To be eligible for the publication of notice under this
  section, the [The] newspaper [in which a notice is published under
  this section] must:
               (1)  devote not less than 20 percent of its total column
  lineage to general interest items;
               (2)  be published at least once each week;
               (3)  be entered as periodical postal matter in the
  county where published or have a mailed or delivered circulation of
  at least 51 percent of the residences in the county where published;
  and
               (4)  have been published regularly and continuously for
  at least 12 months before the governmental entity or representative
  publishes notice.
         SECTION 9.  Sections 2051.046(a) and (b), Government Code,
  are amended to read as follows:
         (a)  A [notice of a] county may contract for publication of
  newspaper notice only with [shall be published in] a newspaper
  published in the county that will publish the notice at or below the
  legal rate.
         (b)  If no newspaper that will publish the notice at or below
  the legal rate is published in the county, the notice shall be
  posted:
               (1)  at the door of the county courthouse; or
               (2)  on the governmental entity's or representative's
  Internet website, as authorized by Section 2051.0421.
         SECTION 10.  Sections 2051.048(b) and (d), Government Code,
  are amended to read as follows:
         (b)  A [notice of a] political subdivision may contract for
  the publication of newspaper notice only with [shall be published
  in] a newspaper that is published in the political subdivision and
  that will publish the notice at or below the legal rate.
         (d)  If no newspaper published in the county in which the
  political subdivision is located will publish the notice at or
  below the legal rate, the political subdivision shall post the
  notice:
               (1)  at the door of the county courthouse of the county
  in which the political subdivision is located; or
               (2)  on the governmental entity's or representative's
  Internet website, as authorized by Section 2051.0421.
         SECTION 11.  Section 2051.049, Government Code, is amended
  to read as follows:
         Sec. 2051.049.  SELECTION OF NEWSPAPER. A [The]
  governmental entity or representative that publishes [required to
  publish] a notice in a newspaper shall select, in accordance with
  this subchapter, one or more newspapers to publish the notice.
         SECTION 12.  Section 2051.050, Government Code, is amended
  to read as follows:
         Sec. 2051.050.  TIME OF PUBLICATION. (a) A notice must be
  published in a newspaper issued at least one day before the
  occurrence of the event to which the notice refers.
         (b)  A notice posted on a governmental entity's or
  representative's Internet website as an alternative to required
  newspaper notice under Section 2051.0421 must be posted at least
  one day before the occurrence of the event to which the notice
  refers.
         SECTION 13.  This Act takes effect September 1, 2021.
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