| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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. |