Bill Text: TX HB1019 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to publication of notice by a governmental entity on a newspaper's Internet website.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-04-22 - No action taken in committee [HB1019 Detail]
Download: Texas-2015-HB1019-Introduced.html
By: Flynn | H.B. No. 1019 |
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relating to publication of notice by a governmental entity on a | ||
newspaper's Internet website. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2051.042(a), Government Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Section 2051.054, this [ |
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subchapter applies only to the extent that the general or special | ||
law requiring or authorizing the publication of a notice in a | ||
newspaper by a governmental entity or representative does not | ||
specify the manner of the publication, including the number of | ||
times that the notice is required to be published and the period | ||
during which the notice is required to be published. | ||
SECTION 2. Section 2051.045, Government Code, is amended to | ||
read as follows: | ||
Sec. 2051.045. LEGAL RATE CHARGED FOR PUBLICATION. (a) The | ||
legal rate for publication of a notice in a newspaper is the | ||
newspaper's lowest published rate for classified advertising. | ||
(b) The legal rate for publication of a notice on a | ||
newspaper's Internet website under Section 2051.054 may not exceed | ||
$25. | ||
SECTION 3. Section 2051.051, Government Code, is amended to | ||
read as follows: | ||
Sec. 2051.051. BILL FOR PUBLICATION. (a) | ||
A newspaper that | ||
publishes a notice shall submit a bill for the publication with a | ||
clipping of the published notice and a verified statement of the | ||
publisher that: | ||
(1) states the rate charged; | ||
(2) certifies that the rate charged is the newspaper's | ||
lowest published rate for classified advertising; and | ||
(3) certifies the number and dates of the publication. | ||
(b) A newspaper that publishes a notice on the newspaper's | ||
Internet website under Section 2051.054 may electronically provide | ||
to the governmental entity the bill, clipping, and verified | ||
statement containing the information required under Subsections | ||
(a)(1) and (3). | ||
SECTION 4. Subchapter C, Chapter 2051, Government Code, is | ||
amended by adding Section 2051.054 to read as follows: | ||
Sec. 2051.054. NOTICE BY PUBLICATION ON NEWSPAPER'S | ||
INTERNET WEBSITE. (a) Notwithstanding any other law, a | ||
governmental entity may satisfy a requirement in another law for | ||
the governmental entity to provide publication of notice in a | ||
newspaper by publishing the notice on a newspaper's Internet | ||
website as provided by this section. | ||
(b) A publication of notice on a newspaper's Internet | ||
website must: | ||
(1) be in substantially the same form as required | ||
under the general or special law requiring or authorizing the | ||
publication of notice in a newspaper by a governmental entity; | ||
(2) be published: | ||
(A) for the number of times and during the period | ||
the notice is required to be published under the general or special | ||
law; or | ||
(B) if the general or special law does not | ||
specify the manner of publication, as otherwise provided by this | ||
subchapter; and | ||
(3) comply with the requirements of this subchapter. | ||
(c) To meet the eligibility requirements of section | ||
2051.044 be eligible to provide publication of notice for a | ||
governmental entity on the newspaper's Internet website under this | ||
section, a newspaper must:, a newspaper must: | ||
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(1 |
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publication of notice by a governmental entity; | ||
(2 |
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rate authorized by Section 2051.045(b) for the Internet publication | ||
of notice; and | ||
(3 |
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notice posted on the newspaper's Internet website that allows free | ||
public access to the current and archived publications of notice | ||
and that is searchable by keyword and county. | ||
SECTION 5. Subchapter C, Chapter 2051, Government Code, as | ||
amended by this Act, applies only to a publication of notice first | ||
published on or after the effective date of this Act. A publication | ||
of notice published before the effective date of this Act is | ||
governed by the law in effect at the time of the publication, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2015. |