Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 1062 proposes an amendment to Section 2051.0441 of the Texas Government Code to modernize the legal requirements for how public notices are published by governmental entities. Currently, public notices must be published in a print newspaper that meets specific criteria, including frequency of publication, circulation thresholds, and longevity in operation. SB 1062 retains those criteria but adds a new provision allowing governmental entities to satisfy notice requirements by publishing in qualifying digital newspapers.

Under the new Subsection (b-1), a digital newspaper may be used in lieu of a print publication if it meets six key requirements: it must have an audited paid-subscriber base, be in business for at least three years, employ staff locally, report on local events and government activity, provide general interest news, and update its content at least once per week. These criteria ensure that the digital publication serves a similar civic function and has sufficient reliability and local engagement to serve as a substitute for traditional newspapers.

The bill reflects a broader shift toward digital access and communication while preserving public accountability and transparency. It balances the need for modernization with safeguards that maintain the integrity and public trust associated with legal notice publication.

The originally filed version of SB 1062 and the Committee Substitute differ primarily in the section of statute they amend and the percentage requirement for general interest content in print newspapers.

In the original bill, the amendment is made to Section 2051.044(a) of the Government Code, with a new subsection (a-1) added. It sets the requirement that the print newspaper must devote at least 25% of its total column lineage to general interest items. It also maintains the requirement that the newspaper be entered as second-class postal matter in the county where it is published.

In contrast, the Committee Substitute amends Section 2051.0441(b) and adds a new subsection (b-1). It lowers the general interest content requirement to 20%, broadening the potential pool of qualifying newspapers. Additionally, the substitute allows a newspaper to qualify if it is either entered as periodical postal matter or has at least 51% circulation to residences in the county—broadening the criteria compared to the original bill’s strict requirement for second-class postal matter designation.

Both versions introduce a nearly identical digital newspaper option, but the substitute makes the provision more permissive and applicable to a wider array of existing local publications by loosening print criteria.

Author (1)

Lois Kolkhorst

Co-Author (1)

Royce West

Sponsor (1)

John Smithee

Contact the Author

Sen. Lois Kolkhorst

Capitol Phone:

(512) 463-0118

Capitol Office:

CAP GE.4

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According top the Legislative Budget Board (LBB), SB 1062 concludes that there are no significant fiscal implications for the State of Texas. The bill does not introduce any mandates that would require new state expenditures, and any minor administrative costs associated with implementation could be absorbed within existing agency resources.

For local governments, the fiscal impact is also expected to be minimal. The bill provides an option—not a mandate—for entities to publish public notices in qualifying digital newspapers instead of traditional print newspapers. This optionality allows local entities to select potentially more cost-effective digital avenues, which could lead to cost savings over time, particularly for smaller jurisdictions or those where print publication costs are high.

In summary, SB 1062 is fiscally neutral in its legislative form but could offer modest cost-saving opportunities to local governments through more flexible public notice requirements. The absence of mandated expenditures or operational overhauls makes its implementation financially manageable for both state and local entities.

Vote Recommendation Notes

SB 1062 offers a reasonable and forward-looking amendment to Texas law by expanding the acceptable formats for the publication of public notices. Building upon legislation passed in the 88th Legislature (SB 943), this bill formally recognizes the evolution of media consumption habits and provides a clear legal pathway for governmental entities to publish notices in qualifying digital newspapers. The bill ensures that digital platforms meet rigorous standards—such as verified subscription bases, a track record of operation, and local content staffing—thereby safeguarding public access to reliable information.

From a liberty-oriented perspective, the bill supports Individual Liberty by broadening access to public notices, especially for Texans who rely primarily on digital media. It aligns with Free Enterprise by leveling the playing field between traditional and digital newspapers, breaking down monopolistic constraints in the legal notice market. Moreover, the bill supports Limited Government by providing cost-effective options for public entities to fulfill notice requirements without introducing new mandates or regulatory burdens. It achieves modernization without expanding the state’s role in the media or information industries.

As confirmed by the Legislative Budget Board and the Senate Research Center’s analysis, SB 1062 carries no significant fiscal implications for the state or local governments and may create cost-saving opportunities. Its enabling language provides flexibility while maintaining public accountability and legal transparency. Given its neutrality in cost and strong alignment with liberty principles, Texas Policy Research recommends that lawmakers vote YES on SB 1062.

Related Legislation

HB 3782 (Same As)

View Bill Text and Status