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A BILL TO BE ENTITLED
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AN ACT
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relating to publication and posting of notice by certain |
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governmental entities and representatives. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter C, Chapter 2051, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER C. NOTICE BY PUBLICATION IN NEWSPAPER; REQUIRED |
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INTERNET ALTERNATIVE |
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SECTION 2. Section 2051.042(a), Government Code, is amended |
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to read as follows: |
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(a) This subchapter applies only to notice that is required |
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or authorized by law other than this subchapter to be published in a |
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newspaper. The newspaper requirements of this subchapter apply |
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only to the extent that the other [general or special] law requiring |
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or authorizing the publication of a notice in a newspaper [by a |
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governmental entity or representative] does not specify the manner |
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of the publication, including the number of times that the notice is |
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required to be published and the period during which the notice is |
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required to be published. |
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SECTION 3. Subchapter C, Chapter 2051, Government Code, is |
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amended by adding Section 2051.0421 to read as follows: |
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Sec. 2051.0421. REQUIRED INTERNET POSTING ALTERNATIVE FOR |
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NOTICE REQUIRED TO BE PUBLISHED IN NEWSPAPER. (a) This section |
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applies only to a governmental entity that is a political |
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subdivision and a representative of a political subdivision. This |
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section does not apply to: |
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(1) a county with a population of less than 10,000; |
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(2) a municipality with a population of less than |
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5,000 located in a county with a population of less than 25,000; or |
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(3) another type of political subdivision with a |
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population of less than 5,000 in the subdivision's boundaries that |
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is located in a county with a population of less than 25,000. |
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(b) Notwithstanding any other law and except as provided by |
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Section 2051.042(b), a governmental entity or representative |
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required by other law to provide notice by publication in a |
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newspaper shall satisfy that requirement by posting the notice: |
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(1) on the governmental entity's or representative's |
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Internet website, if applicable; and |
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(2) on the Internet website of a newspaper that meets |
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the requirements of the law requiring notice. |
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(c) Internet website notice posted as required by this |
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section: |
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(1) to the extent possible, must meet requirements |
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provided by law for the publication of the newspaper notice that can |
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be applied to an Internet website posting, including requirements |
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related to the timing, duration, content, and appearance of the |
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notice; and |
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(2) is not required to meet requirements provided by |
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law for the publication of the newspaper notice that by their nature |
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cannot be applied to an Internet website posting, including |
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requirements relating to circulation. |
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(d) This subchapter may not be construed to require a |
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governmental entity or representative that is required to post |
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Internet notice under this section to also publish notice in a |
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newspaper. |
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SECTION 4. This Act takes effect September 1, 2021. |