By Harris S.B. No. 853
77R2930 AJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to service of citation and publication of certain notices
1-3 required by law.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 405, Government Code, is
1-6 amended by adding Section 405.020 to read as follows:
1-7 Sec. 405.020. INTERNET PUBLICATION OF CERTAIN LEGALLY
1-8 REQUIRED NOTICES. (a) The secretary of state shall establish an
1-9 Internet site on which a person may publish a notice or serve a
1-10 citation that a state statute or rule requires the person to
1-11 publish or serve in a newspaper. The Internet site established
1-12 under this section must have a separate section for each county of
1-13 the state where notices or citations involving the county are
1-14 published or served and a section where notices involving the state
1-15 as a whole are published.
1-16 (b) A person who is required by a statute or rule to publish
1-17 a notice in a newspaper satisfies the requirement if the person
1-18 publishes the notice on the Internet site established by this
1-19 section and the notice complies with all other requirements of the
1-20 statute or rule.
1-21 (c) If a notice is required to be published in a newspaper
1-22 circulated in a particular county, the notice must be published on
1-23 the section of the Internet site where notices involving that
1-24 county are published. If the notice is required to be published in
2-1 a newspaper circulated in an area other than a county, the notice
2-2 must be published on each section of the site where notices
2-3 involving a county in which all or part of that area is located are
2-4 published.
2-5 (d) A person required to provide proof of publication of a
2-6 notice may provide a copy of the notice printed directly from the
2-7 Internet site established under this section.
2-8 (e) The secretary of state shall adopt rules governing the
2-9 method by which a person may submit a notice or citation to be
2-10 published on the Internet site established under this section and
2-11 any other rules necessary to implement this section.
2-12 SECTION 2. Subchapter B, Chapter 17, Civil Practice and
2-13 Remedies Code, is amended by adding Section 17.028 to read as
2-14 follows:
2-15 Sec. 17.028. SERVICE BY PUBLICATION. The supreme court by
2-16 rule shall allow a person who would otherwise be required to serve
2-17 a citation by publication in a newspaper to instead serve the
2-18 citation by publication on the Internet site established by the
2-19 secretary of state under Section 405.020, Government Code.
2-20 SECTION 3. Section 4.003(a), Election Code, is amended to
2-21 read as follows:
2-22 (a) Except as provided by Subsection (c), notice of an
2-23 election must be given by any one or more of the following methods:
2-24 (1) by publishing the notice at least once, not
2-25 earlier than the 30th day or later than the 10th day before
2-26 election day:
2-27 (A) in a newspaper published in the territory
3-1 that is covered by the election and is in the jurisdiction of the
3-2 authority responsible for giving the notice; [or]
3-3 (B) in a newspaper of general circulation in the
3-4 territory if none is published in the jurisdiction of the authority
3-5 responsible for giving the notice; or
3-6 (C) on each section of the Internet site
3-7 established by the secretary of state under Section 405.020,
3-8 Government Code, where notices involving a county all or part of
3-9 which is located in the territory that is covered by the election
3-10 are published;
3-11 (2) by posting, not later than the 21st day before
3-12 election day, a copy of the notice at a public place in each
3-13 election precinct that is in the jurisdiction of the authority
3-14 responsible for giving the notice; or
3-15 (3) by mailing, not later than the 10th day before
3-16 election day, a copy of the notice to each registered voter of the
3-17 territory that is covered by the election and is in the
3-18 jurisdiction of the authority responsible for giving the notice.
3-19 SECTION 4. Section 4.005(a), Election Code, is amended to
3-20 read as follows:
3-21 (a) If notice of an election is given by publication, the
3-22 authority responsible for giving the notice shall retain, as
3-23 applicable:
3-24 (1) a copy of the published notice that contains the
3-25 name of the newspaper and the date of publication; or
3-26 (2) a copy of the notice printed directly from the
3-27 Internet site established by the secretary of state under Section
4-1 405.020, Government Code.
4-2 SECTION 5. Sections 42.035(a) and (c), Election Code, are
4-3 amended to read as follows:
4-4 (a) Beginning with the first week following the week in
4-5 which an order changing a county election precinct boundary is
4-6 adopted, the commissioners court shall publish notice of the change
4-7 [in a newspaper in the county] once a week for three consecutive
4-8 weeks:
4-9 (1) in a newspaper in the county; or
4-10 (2) on the section of the Internet site established by
4-11 the secretary of state under Section 405.020, Government Code,
4-12 where notices involving that county are published.
4-13 (c) If no newspaper is published in the county and the
4-14 commissioners court does not publish the notice on the Internet
4-15 site established by the secretary of state under Section 405.020,
4-16 Government Code, the commissioners court shall post the notice at
4-17 the county courthouse on the bulletin board used for posting notice
4-18 of meetings of the commissioners court. The notice must remain
4-19 posted continuously for three consecutive weeks.
4-20 SECTION 6. Section 127.096(a), Election Code, is amended to
4-21 read as follows:
4-22 (a) The custodian of the automatic tabulating equipment
4-23 shall publish notice of the date, hour, and place of the test
4-24 conducted under Section 127.093(b) in a newspaper or on the
4-25 Internet site established by the secretary of state under Section
4-26 405.020, Government Code, as provided by general law for official
4-27 publications by political subdivisions, at least 48 hours before
5-1 the date of the test.
5-2 SECTION 7. Section 172.055(c), Election Code, is amended to
5-3 read as follows:
5-4 (c) Not later than 24 hours after the candidate withdraws or
5-5 is declared ineligible or after the authority preparing the notice
5-6 learns of the candidate's death, as applicable, the authority shall
5-7 deliver a copy of the notice to:
5-8 (1) at least one daily newspaper published in the
5-9 county or, if none, at least one weekly newspaper published there,
5-10 if any, or to the secretary of state for publication on the section
5-11 of the Internet site established by the secretary under Section
5-12 405.020, Government Code, where notices involving the county are
5-13 published, for a notice prepared by the county chair;
5-14 (2) at least three daily newspapers that regularly
5-15 maintain a news representative at the State Capitol, or to the
5-16 secretary of state for publication on the section of the Internet
5-17 site established by the secretary under Section 405.020, Government
5-18 Code, where notices involving the state are published, for a notice
5-19 applicable to a statewide office; or
5-20 (3) at least one daily newspaper published in each
5-21 county wholly or partly situated in the district or, if none, at
5-22 least one weekly newspaper published there, if any, or to the
5-23 secretary of state for publication on each section of the Internet
5-24 site established by the secretary under Section 405.020, Government
5-25 Code, where notices involving a county all or part of which is
5-26 located in the district are published, for a notice prepared by the
5-27 state chair for a district office.
6-1 SECTION 8. Subchapter B, Chapter 274, Election Code, is
6-2 amended by adding Section 274.029 to read as follows:
6-3 Sec. 274.029. INTERNET NOTICE. In addition to other notice
6-4 required by this subchapter, the secretary of state shall publish
6-5 notice of each proposed constitutional amendment on a section of
6-6 the Internet site established by the secretary under Section
6-7 405.020, Government Code, where notices involving the state are
6-8 published.
6-9 SECTION 9. Sections 313.002(a), (d), and (e), Government
6-10 Code, are amended to read as follows:
6-11 (a) A person who intends to apply for the passage of a local
6-12 or special law must publish notice of that intention:
6-13 (1) in a newspaper published in the county embracing
6-14 the locality the law will affect; or
6-15 (2) on the section of the Internet site established by
6-16 the secretary of state under Section 405.020 where notices
6-17 involving that county are published.
6-18 (d) If the intended law will affect more than one county,
6-19 the person applying for passage of the law must publish notice:
6-20 (1) in each county the law will affect; or
6-21 (2) on each section of the Internet site established
6-22 by the secretary of state under Section 405.020 where notices
6-23 involving one of those counties are published.
6-24 (e) If a newspaper is not published in the county and[,] the
6-25 person applying for passage of the law does not publish notice on
6-26 the Internet site established by the secretary of state under
6-27 Section 405.020, the person must post the notice at the courthouse
7-1 door and at five other public places in the immediate locality in
7-2 the county the law will affect.
7-3 SECTION 10. Section 313.003(a), Government Code, is amended
7-4 to read as follows:
7-5 (a) If a resident of this state intends to apply for passage
7-6 of a law that will primarily affect persons and will not directly
7-7 affect a particular locality more than it will affect another, the
7-8 person applying for passage must publish notice:
7-9 (1) in a newspaper published in the county in which
7-10 the person resides in the same manner as if the law will affect the
7-11 locality; or
7-12 (2) on the section of the Internet site established by
7-13 the secretary of state under Section 405.020 where notices
7-14 involving that county are published.
7-15 SECTION 11. Section 313.004, Government Code, is amended by
7-16 adding Subsection (c) to read as follows:
7-17 (c) Proof of posting on the Internet site established by the
7-18 secretary of state under Section 405.020 may be made by the
7-19 affidavit of the secretary of state accompanied by a copy of the
7-20 notice printed directly from the site.
7-21 SECTION 12. Section 2051.043, Government Code, is amended to
7-22 read as follows:
7-23 Sec. 2051.043. PUBLICATION [IN AT LEAST ONE ISSUE] REQUIRED.
7-24 Except as provided by Section 2051.046(b) or 2051.048(d), a notice
7-25 shall be published:
7-26 (1) in at least one issue of a newspaper; or
7-27 (2) for at least one day on the Internet site
8-1 established by the secretary of state under Section 405.020.
8-2 SECTION 13. Section 2051.046, Government Code, is amended to
8-3 read as follows:
8-4 Sec. 2051.046. NOTICE OF COUNTY. (a) A notice of a county
8-5 [shall be] published in a newspaper must be published in a
8-6 newspaper in the county that will publish the notice at or below
8-7 the legal rate.
8-8 (b) If no newspaper that will publish the notice at or below
8-9 the legal rate is published in the county and the notice is not
8-10 published on the Internet site established by the secretary of
8-11 state under Section 405.020, the notice shall be posted at the door
8-12 of the county courthouse.
8-13 SECTION 14. Section 2051.047, Government Code, is amended to
8-14 read as follows:
8-15 Sec. 2051.047. NOTICE OF CERTAIN CONSERVATION AND
8-16 RECLAMATION DISTRICTS. A conservation and reclamation district,
8-17 other than a river authority, created under Article XVI, Section
8-18 59, of the Texas Constitution that furnishes water and sewer
8-19 services to household users satisfies a requirement of general,
8-20 special, or local law to publish notice in a newspaper of general
8-21 circulation in the county in which the district is located by
8-22 publishing the notice:
8-23 (1) in a newspaper of general circulation in the
8-24 district; or
8-25 (2) on each section of the Internet site established
8-26 by the secretary of state under Section 405.020 where notices
8-27 involving a county in which all or part of the district is located
9-1 are published.
9-2 SECTION 15. Section 2051.048, Government Code, is amended to
9-3 read as follows:
9-4 Sec. 2051.048. NOTICE OF OTHER POLITICAL SUBDIVISION. (a)
9-5 This section applies only to a political subdivision other than a
9-6 county or a conservation and reclamation district under Section
9-7 2051.047.
9-8 (b) A notice of a political subdivision [shall be] published
9-9 in a newspaper must be published in a newspaper that is published
9-10 in the political subdivision and that will publish the notice at or
9-11 below the legal rate.
9-12 (c) If no newspaper published in the political subdivision
9-13 will publish the notice at or below the legal rate and the notice
9-14 is not published on the Internet site established by the secretary
9-15 of state under Section 405.020, the political subdivision shall
9-16 publish the notice in a newspaper that:
9-17 (1) is published in the county in which the political
9-18 subdivision is located; and
9-19 (2) will charge the legal rate or a lower rate.
9-20 (d) If no newspaper published in the county in which the
9-21 political subdivision is located will publish the notice at or
9-22 below the legal rate and the notice is not published on the
9-23 Internet site established by the secretary of state under Section
9-24 405.020, the political subdivision shall post the notice at the
9-25 door of the county courthouse of the county in which the political
9-26 subdivision is located.
9-27 SECTION 16. Section 2051.049, Government Code, is amended to
10-1 read as follows:
10-2 Sec. 2051.049. SELECTION OF NEWSPAPER. The governmental
10-3 entity or representative required to publish a notice under this
10-4 subchapter may [in a newspaper shall] select, in accordance with
10-5 this subchapter, one or more newspapers to publish the notice.
10-6 SECTION 17. Section 2051.050, Government Code, is amended to
10-7 read as follows:
10-8 Sec. 2051.050. TIME OF PUBLICATION. (a) A notice [must be]
10-9 published in a newspaper must be published in a newspaper that is
10-10 issued at least one day before the occurrence of the event to which
10-11 the notice refers.
10-12 (b) A notice published on the Internet site established by
10-13 the secretary of state under Section 405.020 must appear on the
10-14 Internet site at least one day before the occurrence of the event
10-15 to which the notice refers.
10-16 SECTION 18. (a) This Act takes effect September 1, 2001.
10-17 (b) Not later than January 1, 2002, the secretary of state
10-18 shall establish the Internet site required by Section 405.020,
10-19 Government Code, as added by this Act.
10-20 (c) Not later than January 1, 2002, the supreme court shall
10-21 adopt the rules required under Section 17.028, Civil Practice and
10-22 Remedies Code, as added by this Act.