By: Ellis S.B. No. 776
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the electronic collection and provision of certain
1-2 information by the secretary of state.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivisions (9) and (10), Section 3,
1-5 Administrative Procedure and Texas Register Act (Article 6252-13a,
1-6 Vernon's Texas Civil Statutes), are amended to read as follows:
1-7 (9) "Electronic means" means the transmission of data
1-8 between word or data processors <over> either over dedicated cables
1-9 or commercial lines or by means of computer diskette.
1-10 <(10) "Letter of certification" means a statement
1-11 which specifies the type of information that has been transmitted
1-12 by electronic means to the register and which has been signed by
1-13 the agency's designated certifying official and agency liaison.>
1-14 SECTION 2. Subsection (a), Section 8, Administrative
1-15 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
1-16 Civil Statutes), is amended to read as follows:
1-17 (a) Each agency shall file a document for publication in the
1-18 Texas Register by either delivering to the office of the secretary
1-19 of state during normal working hours two certified copies of the
1-20 document to be filed or by transmitting by electronic means during
1-21 normal working hours one copy of the document to be filed,
1-22 including a statement of certification and the name of the agency's
1-23 certifying official <and delivering during normal working hours a
2-1 letter of certification to the office of the secretary of state>.
2-2 On receipt of a document required by this Act to be filed in the
2-3 office of the secretary of state and published in the register, the
2-4 secretary of state shall note the day and hour of filing on the
2-5 certified copies or on the electronic transmission <letter of
2-6 certification>. One copy of each filed document must be maintained
2-7 in original form or on microfilm in a permanent register in the
2-8 office of the secretary of state and, on filing, shall be made
2-9 available immediately for public inspection during regular business
2-10 hours.
2-11 SECTION 3. Subsection (b), Section 3A, Chapter 271, Acts of
2-12 the 60th Legislature, Regular Session, 1967 (Article 6252-17,
2-13 Vernon's Texas Civil Statutes), are amended to read as follows:
2-14 (b) A State governmental body shall furnish notice to the
2-15 Secretary of State, who shall then post the notice on a bulletin
2-16 board to be located in the main office of the Secretary of State at
2-17 a place convenient to the public. The Secretary of State may
2-18 furnish a computer monitor to provide remote electronic access to
2-19 open meeting notices.
2-20 SECTION 4. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended,
2-25 and that this Act take effect and be in force from and after its
3-1 passage, and it is so enacted.