BILL ANALYSIS

H.B. 1080

By: Curry

Intergovernmental Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that the statutory requirement for a political subdivision to publish notices in a newspaper is outdated and burdensome on local entities, particularly for small political subdivisions that do not have local newspapers and must publish notices in newspapers far outside their communities. H.B. 1080 seeks to address this issue by providing for political subdivisions to publish notices on other platforms.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the comptroller of public accounts in SECTION 1 of this bill.

ANALYSIS

H.B. 1080 amends the Government Code to authorize a political subdivision to satisfy a requirement in any other law to provide notice by publication in a newspaper by publishing the notice as follows:

· by social media, free newspapers, school newspapers, a homeowners' association newsletter or magazine, utility bills, direct mailings, and any other form of media authorized by the comptroller of public accounts that the political subdivision determines has greater circulation than the newspaper with the greatest circulation in the political subdivision; and

· on the websites maintained by the political subdivision and the comptroller, where the notice must be made available for the period of time required by law for which the publication of the notice is required in a newspaper.

The bill authorizes a political subdivision to request from the comptroller, and authorizes the comptroller to grant, a waiver from the online publication requirements if the political subdivision provides sufficient proof that Internet access is limited in the political subdivision. If the comptroller grants the waiver, the political subdivision must provide additional notice on a public agenda board within the political subdivision.

H.B. 1080 requires a political subdivision, before providing notice by an alternative method under the bill's provisions, to hold a public meeting about the alternative notice method and, during the meeting, to demonstrate that the circulation of the alternative media will be greater than the circulation of the newspaper with the greatest circulation in the political subdivision. The bill requires a political subdivision that provides notice using alternative media to submit notice to the comptroller describing the alternative notice method that includes the number of subscribers within the political subdivision of the newspaper with the greatest circulation in the political subdivision, a description of the alternative media used for the notice, and the circulation of the alternative media used for the notice.

H.B. 1080 requires the comptroller, after receipt of that notice, to promptly publish it on the comptroller's website, unless the comptroller requires notice by newspaper or waives the online publication requirements. The bill authorizes the comptroller to require a political subdivision to provide notice by newspaper if the comptroller determines the alternative media used by the political subdivision does not have a greater circulation than the newspaper with the greatest circulation in the political subdivision and provides written notice to the political subdivision of that determination.

H.B. 1080 requires the comptroller to prepare and submit not later than December 31 of each even-numbered year to the governor, lieutenant governor, and speaker of the house of representatives a report that identifies and compares the effectiveness of different methods of notice publication used by political subdivisions. The report must include all types of notice that are used under provisions relating to government documents, publications, and notices and laws that require the publication of a notice in a newspaper by a political subdivision. These provisions expire January 1, 2029.

H.B. 1080 authorizes the comptroller to adopt rules necessary to administer the bill's provisions.

EFFECTIVE DATE

September 1, 2025.