Middleton Bill Bars Agencies From Considering Out-Of-State Comments

The text as introduced · 467 words

89R624 CJC-F

By: Middleton
S.B. No. 520

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 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 business entities and nonprofit organizations whose principal

places of business are located in this state; and

(4) assign fourth priority to public comments received

from:

(A) individuals who are not residents of this

state; and

(B) business entities and nonprofit

organizations whose principal places of business are not located in

this state.

Sec. 561.0004. EFFECT OF PRIORITY ASSIGNMENT ON

CONSIDERATION OF PUBLIC COMMENT. A public comment described by

Section 561.0003(4) that is received by a state governmental

entity:

(1) may be entered into the official record of the

proceeding at which the comment is received by the entity; and

(2) may not:

(A) be considered by the entity in relation to

any business pending before the entity; or

(B) form the basis for a delay in consideration

of any business pending before the 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 as required by that

chapter not later than December 31, 2025.

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, 2025.