SB520 - Relating to a priority system for consideration by state governmental entities of oral or written public comments received from certain persons.

  89R624 CJC-F     By: Middleton S.B. No. 520       A BILL TO BE ENTITLED   AN ACT   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 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 business entities and nonprofit organizations whose principal   places of business are located in this state; and                 (4)     assign fourth priority to public comments received   from:                       (A)     individuals who are not residents of this   state; and                       (B)     business entities and nonprofit   organizations whose principal places of business are not located in   this state.           Sec.   561.0004.     EFFECT OF PRIORITY ASSIGNMENT ON   CONSIDERATION OF PUBLIC COMMENT.   A public comment described by   Section 561.0003(4) that is received by a state governmental   entity:                 (1)     may be entered into the official record of the   proceeding at which the comment is received by the entity; and                 (2)  may not:                       (A)     be considered by the entity in relation to   any business pending before the entity; or                       (B)     form the basis for a delay in consideration   of any business pending before the 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 as required by that   chapter not later than December 31, 2025.          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, 2025.