CHAPTER 313. NOTICE FOR LOCAL AND SPECIAL LAWS - Texas Statutes

GOVERNMENT CODE

TITLE 3. LEGISLATIVE BRANCH

SUBTITLE B. LEGISLATION

CHAPTER 313. NOTICE FOR LOCAL AND SPECIAL LAWS

Sec. 313.001. NOTICE. A person who intends to apply for the

passage of a local or special law must give notice of that

intention as prescribed by this chapter.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 313.002. PUBLICATION OR POSTING OF NOTICE FOR LAWS

AFFECTING LOCALITIES. (a) A person who intends to apply for the

passage of a local or special law must publish notice of that

intention in a newspaper published in the county embracing the

locality the law will affect.

(b) The notice must be published once not later than the 30th

day before the date on which the intended law is introduced in

the legislature.

(c) The notice is sufficient if it contains a statement of the

general purpose and substance of the intended law. Publication of

the particular form of the intended law or the terms used in the

intended law is not required.

(d) If the intended law will affect more than one county, the

person applying for passage of the law must publish notice in

each county the law will affect.

(e) If a newspaper is not published in the county, the person

applying for passage of the law must post the notice at the

courthouse door and at five other public places in the immediate

locality in the county the law will affect.

(f) The posted notice must accurately define the locality the

law will affect.

(g) The notice must be posted for at least 30 days.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 313.003. PUBLICATION OF NOTICE FOR LAWS PRIMARILY AFFECTING

PERSONS. (a) If a resident of this state intends to apply for

passage of a law that will primarily affect persons and will not

directly affect a particular locality more than it will affect

another, the person applying for passage must publish notice in a

newspaper published in the county in which the person resides in

the same manner as if the law will affect the locality.

(b) If the applicant is not a resident of this state,

publication of notice in a newspaper published in Austin is

sufficient.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 313.004. PROOF OF PUBLICATION OR POSTING. (a) If

publication of notice in a newspaper is required by law, proof of

publication shall be made by the affidavit of the publisher

accompanied by a printed copy of the notice as published.

(b) Proof of posting may be made by the return of the sheriff or

constable or by the affidavit of a credible person made on a copy

of the posted notice showing the fact of the posting.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 313.005. INTRODUCTION OF LAW. When a local or special law

is introduced in the legislature, the law must be accompanied by

competent proof that notice was given.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 313.006. NOTICE FOR LAWS ESTABLISHING MUNICIPAL MANAGEMENT

DISTRICTS. (a) In addition to the other requirements of this

chapter, a person, other than a member of the legislature, who

intends to apply for the passage of a law establishing a special

district that incorporates a power from Chapter 375, Local

Government Code, must provide notice as provided by this section.

(b) The person shall notify by mail each person who owns real

property in the proposed district, according to the most recent

certified tax appraisal roll for the county in which the real

property is owned. The notice, properly addressed with postage

paid, must be deposited with the United States Postal Service not

later than the 30th day before the date on which the intended law

is introduced in the legislature.

(c) The notice is sufficient if it contains a statement of the

general purpose and substance of the intended law. Notice of the

particular form of the intended law or the terms used in the

intended law is not required.

(d) The person is not required to mail notice to a person who

owns real property in the proposed district if the property

cannot be subject to an assessment by the district.

Added by Acts 2005, 79th Leg., Ch.

981, Sec. 1, eff. September 1, 2005.