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A BILL TO BE ENTITLED
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AN ACT
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relating to publication of notice by a governmental entity on a |
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newspaper's Internet website. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2051.042(a), Government Code, is amended |
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to read as follows: |
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(a) Except as provided by Section 2051.054, this [This] |
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subchapter applies only to the extent that the general or special |
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law requiring or authorizing the publication of a notice in a |
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newspaper by a governmental entity or representative does not |
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specify the manner of the publication, including the number of |
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times that the notice is required to be published and the period |
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during which the notice is required to be published. |
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SECTION 2. Section 2051.045, Government Code, is amended to |
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read as follows: |
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Sec. 2051.045. LEGAL RATE CHARGED FOR PUBLICATION. (a) The |
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legal rate for publication of a notice in a newspaper is the |
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newspaper's lowest published rate for classified advertising. |
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(b) The legal rate for publication of a notice on a |
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newspaper's Internet website under Section 2051.054 may not exceed |
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$25. |
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SECTION 3. Section 2051.051, Government Code, is amended to |
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read as follows: |
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Sec. 2051.051. BILL FOR PUBLICATION. (a) |
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A newspaper that |
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publishes a notice shall submit a bill for the publication with a |
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clipping of the published notice and a verified statement of the |
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publisher that: |
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(1) states the rate charged; |
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(2) certifies that the rate charged is the newspaper's |
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lowest published rate for classified advertising; and |
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(3) certifies the number and dates of the publication. |
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(b) A newspaper that publishes a notice on the newspaper's |
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Internet website under Section 2051.054 may electronically provide |
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to the governmental entity the bill, clipping, and verified |
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statement containing the information required under Subsections |
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(a)(1) and (3). |
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SECTION 4. Subchapter C, Chapter 2051, Government Code, is |
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amended by adding Section 2051.054 to read as follows: |
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Sec. 2051.054. NOTICE BY PUBLICATION ON NEWSPAPER'S |
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INTERNET WEBSITE. (a) Notwithstanding any other law, a |
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governmental entity may satisfy a requirement in another law for |
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the governmental entity to provide publication of notice in a |
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newspaper by publishing the notice on a newspaper's Internet |
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website as provided by this section. |
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(b) A publication of notice on a newspaper's Internet |
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website must: |
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(1) be in substantially the same form as required |
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under the general or special law requiring or authorizing the |
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publication of notice in a newspaper by a governmental entity; |
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(2) be published: |
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(A) for the number of times and during the period |
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the notice is required to be published under the general or special |
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law; or |
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(B) if the general or special law does not |
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specify the manner of publication, as otherwise provided by this |
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subchapter; and |
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(3) comply with the requirements of this subchapter. |
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(c) To meet the eligibility requirements of section |
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2051.044 be eligible to provide publication of notice for a |
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governmental entity on the newspaper's Internet website under this |
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section, a newspaper must:, a newspaper must: |
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(1)meet the requirements of Section 2051.044; |
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(12) establish an Internet-only option for |
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publication of notice by a governmental entity; |
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(23) charge a reasonable fee not to exceed the legal |
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rate authorized by Section 2051.045(b) for the Internet publication |
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of notice; and |
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(34) establish an archive of the publications of |
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notice posted on the newspaper's Internet website that allows free |
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public access to the current and archived publications of notice |
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and that is searchable by keyword and county. |
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SECTION 5. Subchapter C, Chapter 2051, Government Code, as |
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amended by this Act, applies only to a publication of notice first |
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published on or after the effective date of this Act. A publication |
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of notice published before the effective date of this Act is |
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governed by the law in effect at the time of the publication, and |
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the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2015. |