bill letting local governments post notices beyond the newspaper

The text as introduced · 633 words

90R2095 MP-F

By: Curry
H.B. No. 423

A BILL TO BE ENTITLED

AN ACT

relating to the publication of required notice by a political

subdivision 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

Sec. 2051.081. NOTICE BY ALTERNATIVE MEDIA. (a)

Regardless of whether Subchapter C applies, 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 (c) that the

political subdivision determines has greater circulation than the

newspaper with the greatest circulation in the political

subdivision; and

(2) on the Internet websites maintained by:

(A) the political subdivision; and

(B) the comptroller.

(b) Before providing notice by an alternative method under

Subsection (a), a political subdivision must hold a public meeting

about the alternative notice method. During the meeting, the

political subdivision must 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.

(c) 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) any other form of media authorized by the

comptroller.

(d) A political subdivision that provides notice using

alternative media under this section shall submit notice to the

comptroller describing the alternative notice method that

includes:

(1) the number of subscribers within the political

subdivision of the newspaper with the greatest circulation in the

political subdivision;

(2) a description of the alternative media used for

the notice; and

(3) the circulation of the alternative media used for

the notice.

(e) After receipt of the notice under Subsection (d), the

comptroller shall promptly publish on the comptroller's Internet

website notice as described by Subsection (a)(2), unless the

comptroller requires notice by newspaper under Subsection (f) or

waives the requirement under Subsection (g).

(f) The comptroller may require a political subdivision to

provide notice by newspaper if the comptroller:

(1) determines the alternative media used by the

political subdivision to provide notice under Subsection (a) does

not have a greater circulation than the newspaper with the greatest

circulation in the political subdivision; and

(2) provides written notice to the political

subdivision of the comptroller's determination under Subdivision

(1).

(g) A political subdivision may request from the

comptroller, and the comptroller may grant, a waiver from the

requirements of Subsection (a)(2) 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) Notice published under Subsection (a)(2) must be made

available for the period of time required by law for which the

publication of the notice is required in a newspaper.

Sec. 2051.0815. COMPTROLLER ALTERNATIVE NOTICE REPORT. (a)

The comptroller shall prepare 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 this chapter and laws that require the

publication of a notice in a newspaper by a political subdivision.

(b) Not later than December 31 of each even-numbered year,

the comptroller shall submit the report described by Subsection (a)

to the governor, lieutenant governor, and speaker of the house of

representatives.

(c) This section expires January 1, 2031.

Sec. 2051.082. RULEMAKING AUTHORITY. The comptroller may

adopt rules necessary to administer this subchapter.

SECTION 2. This Act takes effect September 1, 2027.