Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 2028 aims to modernize and streamline public notice requirements under the Texas Open Meetings Act by amending Sections 551.049 and 551.056 of the Texas Government Code. The bill authorizes county governmental bodies to post meeting notices either on a traditional bulletin board at the county courthouse or via an electronic display system as defined in Section 82.051 of the Local Government Code. This change allows counties to adopt digital solutions that are more accessible and efficient, particularly in larger or more technologically equipped jurisdictions.

The bill also significantly revises the scope of Section 551.056, which governs Internet posting requirements for public meeting notices. Previously, the law applied only to a limited list of specific entities such as municipalities, counties, and school districts. HB 2028 removes that list and instead mandates that any governmental body or entity subject to the Open Meetings Act that maintains or has maintained for it an Internet website must post meeting notices and agendas on the home or landing page of that website. This change standardizes the requirement across a broader range of public entities and simplifies statutory language.

To protect against unintended legal consequences, the bill includes a provision stating that a notice or agenda posted in good faith is not rendered invalid due to technical issues beyond the control of the governmental body. This provision reinforces the intent to improve transparency without penalizing agencies for unforeseen technical failures.

The originally filed version of HB 2028 and the Committee Substitute both aim to expand public meeting notice requirements under the Texas Open Meetings Act, particularly by requiring governmental entities to post notices and agendas on the Internet. However, there are several important differences between the two versions in terms of scope, clarity, and structure.

The originally filed version of the bill focused solely on amending Section 551.056 of the Government Code. It eliminated the existing list of specific governmental entities—such as municipalities, counties, school districts, and development corporations—that were required to post notices online. In its place, the bill applied the Internet posting requirement more broadly to all governmental bodies subject to the Open Meetings Act that maintain or have a website maintained for them. It also preserved language clarifying that technical issues beyond a body’s control would not invalidate a notice, provided a good faith effort to comply had been made.

The Committee Substitute expands the bill further in both substance and coverage. It includes an additional amendment to Section 551.049 of the Government Code, which allows county governmental bodies the option of posting meeting notices on an electronic display (as defined under Section 82.051 of the Local Government Code) rather than just on a physical courthouse bulletin board. This addition recognizes technological advancements and offers counties more flexibility in how they comply with public notice obligations.

In terms of structure and clarity, the Committee Substitute also refines the language for greater uniformity. It replaces the bracketed-out list of covered entities with a generalized requirement applicable to any "governmental body or entity subject to this chapter" and removes prior redundant references to economic development corporations. The substitute thus streamlines the statute for better readability and legal consistency, while ensuring that modernized posting requirements apply uniformly across all types of government entities.

In summary, while both versions promote increased transparency and digital access, the Committee Substitute broadens the bill’s scope, enhances clarity, and adds an additional option for counties to use electronic displays, making it a more comprehensive update to the Open Meetings Act.

Author (1)

Hillary Hickland

Co-Author (1)

Richard Hayes

Contact the Author

Rep. Hillary Hickland

Capitol Phone:

(512) 463-0630

Capitol Office:

EXT E1.218

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2028 is not expected to have a significant fiscal impact on the State of Texas. The LBB concludes that any costs associated with implementing the expanded Internet posting requirements for governmental meetings could be absorbed within existing agency resources. This means that no new appropriations or major budget adjustments would be required at the state level to comply with the bill’s provisions.

For local governments—including counties and other political subdivisions—the LBB similarly anticipates no significant fiscal implication. This finding is particularly relevant considering the bill allows counties to use either traditional courthouse bulletin boards or electronic displays for public notices, and also mandates online posting of meeting notices and agendas for entities that already have or maintain an Internet website. The implication is that most local governmental bodies either already meet these requirements or can implement them without substantial new expenditures.

The analysis also reflects input from a range of affected state agencies, including the Comptroller of Public Accounts, Texas Education Agency, Department of Transportation, and Health and Human Services Commission, none of which reported significant concerns over the fiscal ramifications. Overall, the bill is seen as a modernization measure that aligns with current practices and digital infrastructure capabilities, making its financial footprint minimal at both the state and local levels.

Vote Recommendation Notes

HB 2028 strengthens transparency in local and state government by modernizing the requirements for public notice under the Texas Open Meetings Act. Specifically, it ensures that all governmental entities subject to the Act and that maintain a website, or have one maintained on their behalf, must post meeting notices and agendas on the home or landing page of that website. Additionally, it offers counties a more flexible option for posting meeting notices by allowing electronic displays such as kiosks or digital bulletin boards in place of traditional courthouse bulletin boards.

This bill does not expand the size or scope of government. It does not create new governmental entities, programs, or enforcement mechanisms. Rather, it simplifies and standardizes existing law to make it more accessible and relevant to modern technology. It also avoids centralizing oversight or creating additional bureaucracy, maintaining fidelity to principles of limited government.

There is no increase in the burden on taxpayers. The Legislative Budget Board has confirmed that any costs associated with implementation can be absorbed by affected entities using existing resources. Both state and local governments are expected to be able to comply without the need for new funding or personnel.

Importantly, the bill imposes no new regulatory burdens on private individuals or businesses. Its requirements apply solely to governmental entities and do not restrict, penalize, or regulate the private sector in any way. Instead, the bill promotes civic engagement by making it easier for the public to access information about government meetings, thereby reinforcing public trust and accountability without expanding government authority or control.

In sum, HB 2028 offers a modest but meaningful update to the Open Meetings Act that promotes individual liberty and government transparency while avoiding increased taxpayer costs or regulatory overreach. As such, Texas Policy Research recommends that lawmakers vote YES on HB 2028.

Individual Liberty: The bill enhances individual liberty by making it easier for Texans to know when and where government meetings are happening. Requiring meeting notices and agendas to be posted prominently online increases the public’s ability to monitor and participate in government decisions. This empowers citizens to exercise their rights to free speech, petition, and civic involvement without barriers.
Personal Responsibility: By improving public access to meeting information, the bill encourages civic engagement. Citizens who want to attend or comment on local issues, such as taxes, school policies, or land use, will now have more reliable, accessible information. This helps foster a more responsible and engaged electorate.
Free Enterprise: The bill has no negative effect on free enterprise. It does not regulate or impose requirements on private businesses or individuals. By avoiding burdensome mandates and focusing only on public entities, it ensures that private enterprise remains free from interference.
Private Property Rights: There is no impact on private property rights. The bill does not authorize the government to take, regulate, or intrude upon private property. Instead, it deals solely with how public bodies share information about their operations.
Limited Government: The bill supports the principle of limited government. It does not grow the size, power, or scope of government. There are no new agencies, taxes, or regulatory powers created. The bill simply modernizes how public bodies communicate with citizens—an efficiency reform, not an expansion of authority.

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