| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a priority system for consideration by state |
|
|
governmental entities of oral or written public comments received |
|
|
from certain persons. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle A, Title 5, Government Code, is amended |
|
|
by adding Chapter 561 to read as follows: |
|
|
CHAPTER 561. PUBLIC COMMENT POLICY |
|
|
Sec. 561.0001. DEFINITION. In this chapter, "state |
|
|
governmental entity" has the meaning assigned by Section 554.001, |
|
|
except that the term does not include the legislature. |
|
|
Sec. 561.0002. PUBLIC COMMENT PRIORITY POLICY REQUIRED. |
|
|
Each state governmental entity shall adopt a policy implementing a |
|
|
priority system for consideration of oral or written public |
|
|
comments received by the entity in response to a matter for which |
|
|
the entity is required or authorized by law to solicit public |
|
|
comment. |
|
|
Sec. 561.0003. CONTENT OF POLICY. (a) A policy adopted by |
|
|
a state governmental entity under this chapter must require the |
|
|
entity, when considering solicited public comments, to: |
|
|
(1) assign first priority to public comments received |
|
|
from individuals who are: |
|
|
(A) residents of this state; and |
|
|
(B) directly affected by the matter for which the |
|
|
comment is received; |
|
|
(2) assign second priority to public comments received |
|
|
from individuals who are: |
|
|
(A) residents of this state; and |
|
|
(B) not otherwise described by Subdivision (1); |
|
|
(3) assign third priority to public comments received |
|
|
from: |
|
|
(A) business entities whose principal places of |
|
|
business are located in this state; and |
|
|
(B) nonprofit organizations whose principal |
|
|
places of business are located in this state and whose funding is |
|
|
primarily from donors within this state; and |
|
|
(4) assign fourth priority to public comments received |
|
|
from: |
|
|
(A) individuals who are not residents of this |
|
|
state; |
|
|
(B) business entities whose principal places of |
|
|
business are not located in this state; and |
|
|
(C) nonprofit organizations whose principal |
|
|
places of business are not located in this state and whose funding |
|
|
is primarily from out of state donors and entities. |
|
|
(b) Public comments described by Subsection (a)(4) may be |
|
|
entered into the record but shall not be considered on any business |
|
|
pending before the state governmental entity. A comment entered |
|
|
into the record cannot be the basis for a delay of any business |
|
|
pending before the state governmental entity. |
|
|
SECTION 2. Each state governmental entity to which Chapter |
|
|
561, Government Code, as added by this Act, applies shall adopt a |
|
|
policy implementing a priority system for consideration of oral or |
|
|
written public comments received by the entity, including |
|
|
identifying the category under which the public comment has been |
|
|
submitted, as required by this chapter, under penalty of perjury, |
|
|
not later than December 31, 2023. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2023. |