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A BILL TO BE ENTITLED
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AN ACT
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relating to a priority system for consideration by state |
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governmental entities of oral or written public comments received |
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from certain persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 5, Government Code, is amended |
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by adding Chapter 561 to read as follows: |
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CHAPTER 561. PUBLIC COMMENT POLICY |
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Sec. 561.0001. DEFINITION. In this chapter, "state |
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governmental entity" has the meaning assigned by Section 554.001, |
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except that the term does not include the legislature. |
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Sec. 561.0002. PUBLIC COMMENT PRIORITY POLICY REQUIRED. |
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Each state governmental entity shall adopt a policy implementing a |
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priority system for consideration of oral or written public |
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comments received by the entity in response to a matter for which |
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the entity is required or authorized by law to solicit public |
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comment. |
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Sec. 561.0003. CONTENT OF POLICY. A policy adopted by a |
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state governmental entity under this chapter must require the |
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entity, when considering solicited public comments, to: |
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(1) assign first priority to public comments received |
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from individuals who are: |
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(A) residents of this state; and |
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(B) directly affected by the matter for which the |
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comment is received; |
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(2) assign second priority to public comments received |
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from individuals who are: |
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(A) residents of this state; and |
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(B) not otherwise described by Subdivision (1); |
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(3) assign third priority to public comments received |
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from business entities and nonprofit organizations whose principal |
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places of business are located in this state; and |
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(4) assign fourth priority to public comments received |
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from: |
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(A) individuals who are not residents of this |
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state; and |
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(B) business entities and nonprofit |
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organizations whose principal places of business are not located in |
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this state. |
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Sec. 561.0004. EFFECT OF PRIORITY ASSIGNMENT ON |
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CONSIDERATION OF PUBLIC COMMENT. A public comment described by |
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Section 561.0003(4) that is received by a state governmental |
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entity: |
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(1) may be entered into the official record of the |
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proceeding at which the comment is received by the entity; and |
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(2) may not: |
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(A) be considered by the entity in relation to |
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any business pending before the entity; or |
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(B) form the basis for a delay in consideration |
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of any business pending before the entity. |
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SECTION 2. Each state governmental entity to which Chapter |
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561, Government Code, as added by this Act, applies shall adopt a |
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policy implementing a priority system for consideration of oral or |
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written public comments received by the entity as required by that |
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chapter not later than December 31, 2025. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |