HB1080 - Relating to the publication of required notice by a political subdivision by alternative media.

      By: Curry, Leo Wilson, Perez of Harris, H.B. No. 1080       Shaheen       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)   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, 2029.           Sec.   2051.082.     RULEMAKING AUTHORITY. The comptroller may   adopt rules necessary to administer this subchapter.          SECTION 2.  This Act takes effect September 1, 2025.