By: Flynn H.B. No. 1019

A BILL TO BE ENTITLED

AN ACT

relating to publication of notice by a governmental entity on a newspaper's Internet website.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2051.042(a), Government Code, is amended to read as follows:

(a) Except as provided by Section 2051.054, this [This] subchapter applies only to the extent that the general or special law requiring or authorizing the publication of a notice in a newspaper by a governmental entity or representative does not specify the manner of the publication, including the number of times that the notice is required to be published and the period during which the notice is required to be published.

SECTION 2. Section 2051.045, Government Code, is amended to read as follows:

Sec. 2051.045. LEGAL RATE CHARGED FOR PUBLICATION. (a) The legal rate for publication of a notice in a newspaper is the newspaper's lowest published rate for classified advertising.

(b) The legal rate for publication of a notice on a newspaper's Internet website under Section 2051.054 may not exceed $25.

SECTION 3. Section 2051.051, Government Code, is amended to read as follows:

Sec. 2051.051. BILL FOR PUBLICATION. (a)

A newspaper that publishes a notice shall submit a bill for the publication with a clipping of the published notice and a verified statement of the publisher that:

(1) states the rate charged;

(2) certifies that the rate charged is the newspaper's lowest published rate for classified advertising; and

(3) certifies the number and dates of the publication.

(b) A newspaper that publishes a notice on the newspaper's Internet website under Section 2051.054 may electronically provide to the governmental entity the bill, clipping, and verified statement containing the information required under Subsections (a)(1) and (3).

SECTION 4. Subchapter C, Chapter 2051, Government Code, is amended by adding Section 2051.054 to read as follows:

Sec. 2051.054. NOTICE BY PUBLICATION ON NEWSPAPER'S INTERNET WEBSITE. (a) Notwithstanding any other law, a governmental entity may satisfy a requirement in another law for the governmental entity to provide publication of notice in a newspaper by publishing the notice on a newspaper's Internet website as provided by this section.

(b) A publication of notice on a newspaper's Internet website must:

(1) be in substantially the same form as required under the general or special law requiring or authorizing the publication of notice in a newspaper by a governmental entity;

(2) be published:

(A) for the number of times and during the period the notice is required to be published under the general or special law; or

(B) if the general or special law does not specify the manner of publication, as otherwise provided by this subchapter; and

(3) comply with the requirements of this subchapter.

(c) To meet the eligibility requirements of section 2051.044 be eligible to provide publication of notice for a governmental entity on the newspaper's Internet website under this section, a newspaper must:, a newspaper must:

(1)meet the requirements of Section 2051.044;

(12) establish an Internet-only option for publication of notice by a governmental entity;

(23) charge a reasonable fee not to exceed the legal rate authorized by Section 2051.045(b) for the Internet publication of notice; and

(34) establish an archive of the publications of notice posted on the newspaper's Internet website that allows free public access to the current and archived publications of notice and that is searchable by keyword and county.

SECTION 5. Subchapter C, Chapter 2051, Government Code, as amended by this Act, applies only to a publication of notice first published on or after the effective date of this Act. A publication of notice published before the effective date of this Act is governed by the law in effect at the time of the publication, and the former law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2015.