SB1062

Regular Session

Relating to the type of newspaper required for publication of public notices.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Governmental Entities (Cities, Counties, School Districts, Special Districts)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: July–August 2025 (Digital publishers must have audits and eligibility proofs ready for the municipal budgeting/contracting cycle prior to the effective date).
Agency Rulemaking: No central state agency rulemaking is mandated. However, individual municipalities and counties will establish local procurement standards and "Official Newspaper" designations starting Summer 2025.

Immediate Action Plan

1. Digital Publishers: Commission a third-party audit of your subscriber base immediately; self-reported metrics will not satisfy government procurement officers.
2. Digital Publishers: Audit payroll records to confirm W-2 employees reside within target jurisdictions; convert contractors to employees if necessary to meet eligibility.
3. Contractors & Developers: Update bid-capture software and manual review checklists to include digital-only newspapers in target counties effective September 1, 2025.
4. Legal Counsel: If opposing a zoning or permit decision, investigate the "digital newspaper" used for the notice. If the publisher fails the 3-year or staffing criteria, the notice is legally defective, providing grounds to void the permit.

Operational Changes Required

Contracts

Digital Publishers: Must prepare Master Services Agreements (MSAs) that include indemnification clauses. If your publication is found non-compliant (e.g., flawed subscriber audit), the government will require you to indemnify them against legal challenges regarding "improper notice."
Employment Agreements: Digital publishers must review employment contracts. To qualify for a contract, you must "employ staff" in the jurisdiction. Reliance on 1099 independent contractors or remote staff outside the county will likely disqualify the entity.

Hiring/Training

Procurement & Compliance Teams: Staff responsible for tracking government RFPs, zoning variances, and permit hearings must be retrained to monitor designated digital newspapers. Reliance on legacy print media is no longer sufficient.
Publishers: May need to adjust hiring practices to ensure W-2 staff are physically domiciled within the specific jurisdictions where they intend to bid on notice contracts.

Reporting & Record-Keeping

Vendor Eligibility Dossier: Digital publishers must compile and maintain:
1. Certified Subscriber Audit: Proof of a paid-subscriber base.
2. Longevity Proof: Articles of Incorporation or tax filings proving continuous operation for at least three years.
3. Staffing Verification: Redacted payroll records proving local employment.

Fees & Costs

Audit Expenses: Digital publishers must budget for annual or periodic third-party audits of subscriber numbers.
Subscription Costs: Businesses tracking notices may need to purchase subscriptions to multiple digital outlets to ensure full coverage of regulatory alerts.

Strategic Ambiguities & Considerations

"Audited Paid-Subscriber Base": The statute does not define the accounting standard (e.g., GAAP, AAM) or the required auditor credentials. Guidance: Publishers should utilize a licensed third-party CPA firm to produce this report to withstand competitor challenges.
"Employs Staff": The law does not define a minimum Full-Time Equivalent (FTE) count. Risk: Relying on a single part-time employee to satisfy the "local presence" requirement creates high litigation risk. If a court finds the staffing "de minimis," the public notice—and the resulting government action—could be voided.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCity Government City Government--general Communications & Press County Government County Government--general Email & Electronic Communications Public Notice

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 1062
89R8930 JBD-D	By: Kolkhorst
	Local Government
	3/14/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 943 in the 88th Legislature required digital newspapers to digitally publish notices like the ones seen in printed newspapers to account for the changing consumption habits of consumers from print to digital editions. This bill, S.B. 1062, builds upon that previous bill by stating the types of digital newspapers that may publish notices. This bill provides a public service and generates digital newspapers revenue from the notices.

As proposed, S.B. 1062 amends current law relating to the type of newspaper required for publication of public notices.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2051.044, Government Code, by amending Subsection (a) and adding Subsection (a-1), as follows:

(a) Creates an exception under Subsection (a-1).

(a-1) Authorizes a governmental entity, in lieu of publishing a notice under Subsection (a) (relating to requiring that the newspaper in which a notice is published meet certain criteria), to publish a notice in a digital newspaper if that digital newspaper:

(1) has an audited paid-subscriber base;

(2) has been in business for at least three years;

(3) employs staff in the jurisdictions of the governmental entity;

(4) reports on local events and governmental activities in the jurisdiction of the governmental entity;

(5) provides news of general interest to people in the jurisdiction of the governmental entity; and

(6) updates its news at least once a week.

SECTION 2. Effective date: upon passage or September 1, 2025.

Senate Authors

Sen. Lois KolkhorstRepublican · Primary Author

Coauthors (1)

Royce West (D)

House Sponsor

Rep. John SmitheeRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 1062

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the type of newspaper required for publication of
	public notices.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 2051.0441, Government Code, is amended
	by amending Subsection (b) and adding Subsection (b-1) to read as
	follows:
	(b) Except as provided by Subsection (b-1), the [~~The~~]
	newspaper in which a notice is published under this section must:
	(1) devote not less than 20 percent of its total column
	lineage to general interest items;
	(2) be published at least once each week;
	(3) be entered as periodical postal matter in the
	county where published or have a mailed or delivered circulation of
	at least 51 percent of the residences in the county where published;
	and
	(4) have been published regularly and continuously for
	at least 12 months before the governmental entity or representative
	publishes notice.
	(b-1) In lieu of publishing a notice in a newspaper under
	Subsection (b), a governmental entity may publish a notice in a
	digital newspaper if that digital newspaper:
	(1) has an audited paid-subscriber base;
	(2) has been in business for at least three years;
	(3) employs staff in the jurisdiction of the
	governmental entity;
	(4) reports on local events and governmental
	activities in the jurisdiction of the governmental entity;
	(5) provides news of general interest to people in the
	jurisdiction of the governmental entity; and
	(6) updates its news at least once each week.
	SECTION 2. 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.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 16, 2025

TO:	Honorable Paul Bettencourt, Chair, Senate Committee on Local Government

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1062 by Kolkhorst (Relating to the type of newspaper required for publication of public notices.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

242 State Commission on Judicial Conduct, 304 Comptroller of Public Accounts, 320 Texas Workforce Commission, 352 Bond Review Board, 452 Department of Licensing and Regulation, 503 Texas Medical Board, 529 Health and Human Services Commission, 582 Commission on Environmental Quality, 601 Department of Transportation, 710 Texas A&M University System Administrative and General Offices, 720 The University of Texas System Administration

LBB Staff:

JMc, SZ, THO, NAz

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Frequently Asked Questions

Common questions about SB1062

What does Texas SB1062 do?

SB1062 ends the statutory monopoly of print newspapers for public notices effective September 1, 2025, allowing governmental entities to contract with "digital newspapers" that meet strict audit and staffing criteria. This creates a new revenue vertical for qualifying digital publishers while simultaneously requiring government vendors and developers to expand their regulatory monitoring protocols to include digital-only platforms to avoid missing critical RFPs or zoning alerts. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: July–August 2025 (Digital publishers must have audits and eligibility proofs ready for the municipal budgeting/contracting cycle prior to the effective date).

Who authored SB1062?

SB1062 was authored by Texas Senator Lois Kolkhorst during the Regular Session.

When was SB1062 signed into law?

SB1062 was signed into law by Governor Greg Abbott on May 19, 2025.

Which agencies enforce SB1062?

SB1062 is enforced by Governmental Entities (Cities, Counties, School Districts, Special Districts).

How urgent is compliance with SB1062?

The compliance urgency for SB1062 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB1062?

The cost impact of SB1062 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB1062 address?

SB1062 addresses topics including city government, city government--general, communications & press, county government and county government--general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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