88R26372 MP-D

By: Shaheen, Cook H.B. No. 622

Substitute the following for H.B. No. 622:

By: Stucky C.S.H.B. No. 622

A BILL TO BE ENTITLED

AN ACT

relating to the publication of required notice by certain political subdivisions by alternative media.

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

SECTION 1. Chapter 2051, Government Code, is amended by adding Subchapter C-1 to read as follows:

SUBCHAPTER C-1. NOTICE BY PUBLICATION IN MEDIA OTHER THAN

NEWSPAPER BY CERTAIN POLITICAL SUBDIVISIONS

Sec. 2051.081. APPLICABILITY. This subchapter applies only to a political subdivision with a population of 75,000 or less and in which there is no newspaper of general circulation. If no population is specified for a political subdivision in the federal decennial census, the population of the political subdivision is the population determined by the attorney general for purposes of this section.

Sec. 2051.082. NOTICE BY ALTERNATIVE MEDIA. (a) A political subdivision may satisfy a requirement in any other law to provide notice by publication in a newspaper by publishing the notice:

(1) by media described by Subsection (d); and

(2) for a continuous period of not less than two weeks in a prominent location on an Internet website maintained by the political subdivision that does not require user registration or payment for access.

(b) A political subdivision that publishes notice on an Internet website under Subsection (a)(2) must ensure that:

(1) the Internet website and the notices are searchable; and

(2) that a user is able to search the notices by:

(A) subject matter;

(B) the location required to be provided in the notice under the other laws that require notice by publication in a newspaper; and

(C) both subject matter and location.

(c) Before providing notice by an alternative method under Subsection (a), a political subdivision must hold a public meeting about the alternative notice method.

(d) The following forms of media are authorized for providing notice under Subsection (a)(1):

(1) social media;

(2) free newspapers;

(3) school newspapers;

(4) a homeowners' association newsletter or magazine;

(5) utility bills;

(6) direct mailings; and

(7) a print or digital newsletter.

(e) A political subdivision that provides notice using alternative media under this section shall submit notice to the attorney general describing the alternative notice method that includes:

(1) a list of the other laws requiring notice by publication in a newspaper for which notice published under this section is an alternative;

(2) a description of the alternative media used for the notice; and

(3) a link to the Internet website maintained by the political subdivision where the public notice will be posted.

(f) After receipt of the notice under Subsection (e), the attorney general shall promptly publish on the attorney general's Internet website a list of political subdivisions that provide notice as described by this subchapter.

Sec. 2051.083. RULEMAKING AUTHORITY. The attorney general may adopt rules necessary to administer this subchapter.

SECTION 2. This Act takes effect September 1, 2023.