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. |
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