BILL ANALYSIS

Senate Research Center	H.B. 1812
82R17029 MXM-D	By: Phillips (Seliger)
	Intergovernmental Relations
	5/13/2011
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Public notices in newspapers are designated primarily to keep residents informed about the activities of their government.  Texas law sets out certain requirements a newspaper must meet to carry public notices placed by governmental entities but does not address certain situations in which there is no newspaper meeting those requirements being published in a particular county.  H.B. 1812 seeks to allow a governmental entity publishing notice in a county that does not have a newspaper that meets the necessary legal requirements to choose a weekly newspaper that is most likely to reach the greatest number of citizens within that county.

H.B. 1812 amends current law relating to the type of newspaper required for publication of notice in certain counties.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 2051.0441(a) and (b), Government Code, as follows:

(a)  Provides that this section applies only to a notice published by a governmental entity or representative in a county:

(1)  with a population of at least 30,000 and not more than 36,000 that borders the Red River; or

(2)  that does not have a newspaper described by Section 2051.044 published in the county, rather than by a governmental entity or representative.

(b)  Requires the newspaper in which a notice is published under this section to:

(1)  devote not less than 20 percent of its total column lineage to general interest items;

(2)  be published at least once each week;

(3)  be entered as periodical, rather than second-class, postal matter in the county where published or have a mailed or delivered circulation of at least 51 percent of the residences in the county where published; and

(4)  have been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice.

SECTION 2.  Effective date:  upon passage or September 1, 2011.