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A BILL TO BE ENTITLED
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AN ACT
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relating to publication and posting of notice by governmental |
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entities and representatives. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter C, Chapter 2051, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER C. NOTICE BY PUBLICATION IN NEWSPAPER; INTERNET |
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ALTERNATIVE |
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SECTION 2. Section 2051.041(3), Government Code, is amended |
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to read as follows: |
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(3) "Notice" means any matter, including a |
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proclamation or advertisement, required or authorized by law to be |
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posted publicly [published in a newspaper] by a governmental entity |
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or representative. |
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SECTION 3. The heading to Section 2051.042, Government |
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Code, is amended to read as follows: |
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Sec. 2051.042. [APPLICABILITY OF] SUBCHAPTER APPLICABLE TO |
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NEWSPAPER NOTICE REQUIRED BY OTHER LAW. |
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SECTION 4. Section 2051.042(a), Government Code, is amended |
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to read as follows: |
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(a) This subchapter applies: |
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(1) only to notice that is required or authorized by |
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law other than this subchapter to be published in a newspaper; and |
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(2) only to the extent that the other [general or |
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special] law [requiring or authorizing the publication of a notice |
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in a 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 5. Subchapter C, Chapter 2051, Government Code, is |
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amended by adding Section 2051.0421 to read as follows: |
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Sec. 2051.0421. INTERNET POSTING ALTERNATIVE FOR NOTICE |
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REQUIRED TO BE PUBLISHED IN NEWSPAPER. (a) Notwithstanding any |
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other law and except as provided by Section 2051.042(b), a |
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governmental entity or representative required by other law to |
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provide notice by publication in a newspaper may, as an |
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alternative, satisfy that requirement by posting the notice on the |
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governmental entity's or representative's Internet website. |
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(b) Internet website notice posted as an alternative to |
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required publication of notice in a newspaper as authorized by this |
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section: |
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(1) to the extent possible, must meet requirements |
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provided by law for the publication of the newspaper notice that can |
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be applied to an Internet website posting, including requirements |
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related to the timing, duration, content, and appearance of the |
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notice; and |
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(2) is not required to meet requirements provided by |
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law for the publication of the newspaper notice that by their nature |
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cannot be applied to an Internet website posting, including |
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requirements relating to circulation. |
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(c) This subchapter may not be construed to require a |
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governmental entity or representative that chooses the alternative |
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Internet posting under this section to also publish notice in a |
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newspaper. |
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SECTION 6. Section 2051.043, Government Code, is amended to |
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read as follows: |
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Sec. 2051.043. PUBLICATION IN AT LEAST ONE ISSUE REQUIRED. |
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A [Except as provided by Section 2051.046(b) or 2051.048(d), a] |
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notice published in a newspaper shall be published in at least one |
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issue of a newspaper. |
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SECTION 7. Section 2051.044(a), Government Code, is amended |
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to read as follows: |
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(a) To be eligible for the publication of notice, a [The] |
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newspaper [in which a notice is published] must: |
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(1) devote not less than 25 percent of its total column |
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lineage to general interest items; |
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(2) be published at least once each week; |
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(3) be entered as second-class postal matter in the |
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county where published; and |
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(4) have been published regularly and continuously for |
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at least 12 months before the governmental entity or representative |
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publishes notice. |
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SECTION 8. Section 2051.0441(b), Government Code, is |
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amended to read as follows: |
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(b) To be eligible for the publication of notice under this |
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section, the [The] newspaper [in which a notice is published under |
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this section] must: |
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(1) devote not less than 20 percent of its total column |
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lineage to general interest items; |
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(2) be published at least once each week; |
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(3) be entered as periodical postal matter in the |
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county where published or have a mailed or delivered circulation of |
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at least 51 percent of the residences in the county where published; |
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and |
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(4) have been published regularly and continuously for |
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at least 12 months before the governmental entity or representative |
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publishes notice. |
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SECTION 9. Sections 2051.046(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) A [notice of a] county may contract for publication of |
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newspaper notice only with [shall be published in] a newspaper |
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published in the county that will publish the notice at or below the |
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legal rate. |
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(b) If no newspaper that will publish the notice at or below |
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the legal rate is published in the county, the notice shall be |
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posted: |
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(1) at the door of the county courthouse; or |
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(2) on the governmental entity's or representative's |
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Internet website, as authorized by Section 2051.0421. |
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SECTION 10. Sections 2051.048(b) and (d), Government Code, |
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are amended to read as follows: |
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(b) A [notice of a] political subdivision may contract for |
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the publication of newspaper notice only with [shall be published |
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in] a newspaper that is published in the political subdivision and |
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that will publish the notice at or below the legal rate. |
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(d) If no newspaper published in the county in which the |
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political subdivision is located will publish the notice at or |
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below the legal rate, the political subdivision shall post the |
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notice: |
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(1) at the door of the county courthouse of the county |
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in which the political subdivision is located; or |
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(2) on the governmental entity's or representative's |
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Internet website, as authorized by Section 2051.0421. |
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SECTION 11. Section 2051.049, Government Code, is amended |
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to read as follows: |
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Sec. 2051.049. SELECTION OF NEWSPAPER. A [The] |
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governmental entity or representative that publishes [required to |
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publish] a notice in a newspaper shall select, in accordance with |
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this subchapter, one or more newspapers to publish the notice. |
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SECTION 12. Section 2051.050, Government Code, is amended |
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to read as follows: |
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Sec. 2051.050. TIME OF PUBLICATION. (a) A notice must be |
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published in a newspaper issued at least one day before the |
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occurrence of the event to which the notice refers. |
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(b) A notice posted on a governmental entity's or |
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representative's Internet website as an alternative to required |
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newspaper notice under Section 2051.0421 must be posted at least |
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one day before the occurrence of the event to which the notice |
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refers. |
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SECTION 13. This Act takes effect September 1, 2021. |