By: Wentworth S.B. No. 1906
(In the Senate - Filed April 14, 2011; April 18, 2011, read
first time and referred to Select Committee on Open Government;
April 29, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 4, Nays 0; April 29, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1906 By: Wentworth
A BILL TO BE ENTITLED
AN ACT
relating to certain notice requirements for municipalities and
counties under the open meetings law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.0415, Government Code, is amended to
read as follows:
Sec. 551.0415. GOVERNING BODY OF MUNICIPALITY OR
COUNTY: REPORTS ABOUT ITEMS OF COMMUNITY INTEREST REGARDING WHICH
NO ACTION WILL BE TAKEN. (a) Notwithstanding Sections 551.041 and
551.042, a quorum of the governing body of a municipality or county
may receive from [municipal] staff of the political subdivision and
a member of the governing body may make a report about items of
community interest during a meeting of the governing body without
having given notice of the subject of the report as required by this
subchapter if no action is taken and, except as provided by Section
551.042, possible action is not discussed regarding the information
provided in the report.
(b) For purposes of Subsection (a), "items of community
interest" includes:
(1) expressions of thanks, congratulations, or
condolence;
(2) information regarding holiday schedules;
(3) an honorary or salutary recognition of a public
official, public employee, or other citizen, except that a
discussion regarding a change in the status of a person's public
office or public employment is not an honorary or salutary
recognition for purposes of this subdivision;
(4) a reminder about an upcoming event organized or
sponsored by the governing body;
(5) information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a
member of the governing body or an official or employee of the
political subdivision [municipality]; and
(6) announcements involving an imminent threat to the
public health and safety of people in the political subdivision
[municipality] that has arisen after the posting of the agenda.
SECTION 2. Section 551.050, Government Code, is amended to
read as follows:
Sec. 551.050. MUNICIPAL GOVERNMENTAL BODY: PLACE OF
POSTING NOTICE. (a) In this section, "electronic bulletin board"
means an electronic communication system that includes a
perpetually illuminated screen on which the governmental body can
post messages or notices viewable without manipulation by the
public.
(b) A municipal governmental body shall post notice of each
meeting on a physical or electronic bulletin board at a place
convenient to the public in the city hall.
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, 2011.
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