Bill Text: TX SB1762 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a priority system for consideration by state governmental entities of oral or written public comments received from certain persons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to Business & Commerce [SB1762 Detail]
Download: Texas-2023-SB1762-Introduced.html
| By: Middleton | S.B. No. 1762 | |
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| 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. | ||
