H.B. No. 2414
AN ACT
relating to open meetings of governmental bodies held by
videoconference call and to written electronic communications
between members of a governmental body.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.001, Government Code, is amended by
adding Subdivision (7) to read as follows:
(7) "Videoconference call" means a communication
conducted between two or more persons in which one or more of the
participants communicate with the other participants through
duplex audio and video signals transmitted over a telephone
network, a data network, or the Internet.
SECTION 2. Section 551.127, Government Code, is amended by
adding Subsections (a-1) and (a-2) and amending Subsections (c),
(e), (h), and (j) to read as follows:
(a-1) A member or employee of a governmental body may
participate remotely in a meeting of the governmental body by means
of a videoconference call if the video and audio feed of the
member's or employee's participation, as applicable, is broadcast
live at the meeting and complies with the provisions of this
section.
(a-2) A member of a governmental body who participates in a
meeting as provided by Subsection (a-1) shall be counted as present
at the meeting for all purposes.
(c) A meeting of a [state] governmental body [or a
governmental body that extends into three or more counties] may be
held by videoconference call only if:
(1) the governmental body makes available to the
public at least one suitable physical space located in or within a
reasonable distance of the geographic jurisdiction, if any, of the
governmental body that is equipped with videoconference equipment
that provides an audio and video display, as well as a camera and
microphone by which a member of the public can provide testimony or
otherwise actively participate in the meeting;
(2) the member of the governmental body presiding over
the meeting is present at that physical space; and
(3) any member of the public present at that physical
space is provided the opportunity to participate in the meeting by
means of a videoconference call in the same manner as a person who
is physically present at a meeting of the governmental body that is
not conducted by videoconference call [a majority of the quorum of
the governmental body is physically present at one location of the
meeting].
(e) The notice of a meeting to be held by videoconference
call must specify as a location of the meeting the location of the
physical space described by Subsection (c)(1) [where a quorum of
the governmental body will be physically present and specify the
intent to have a quorum present at that location, except that the
notice of a meeting to be held by videoconference call under
Subsection (c) must specify as a location of the meeting each
location where a majority of the quorum of the governmental body
will be physically present and specify the intent to have a majority
of the quorum of the governmental body present at that location. In
addition, the notice of the meeting must specify as a location of
the meeting each other location where a member of the governmental
body who will participate in the meeting will be physically present
during the meeting. Each of the locations shall be open to the
public during the open portions of the meeting].
(h) The physical [Each] location specified under Subsection
(e) shall have two-way audio and video communication with each
member who is participating by videoconference call [other
location] during the entire meeting. Each participant in the
videoconference call, while speaking, shall be clearly visible and
audible to each other participant and, during the open portion of
the meeting, to the members of the public in attendance at the
physical location described by Subsection (e) and at any other [a]
location of the meeting that is open to the public.
(j) The [quality of the] audio and video signals perceptible
by members of the public at each location of the meeting described
by Subsection (h) must[:
[(1) meet or exceed the quality of the audio and video
signals perceptible by the members of the governmental body
participating in the meeting; and
[(2)] be of sufficient quality so that members of the
public at each location [of the meeting] can observe the demeanor
and hear the voice of each participant in the open portion of the
meeting.
SECTION 3. Subchapter A, Chapter 551, Government Code, is
amended by adding Section 551.006 to read as follows:
Sec. 551.006. WRITTEN ELECTRONIC COMMUNICATIONS ACCESSIBLE
TO PUBLIC. (a) A communication or exchange of information between
members of a governmental body about public business or public
policy over which the governmental body has supervision or control
does not constitute a meeting or deliberation for purposes of this
chapter if:
(1) the communication is in writing;
(2) the writing is posted to an online message board or
similar Internet application that is viewable and searchable by the
public; and
(3) the communication is displayed in real time and
displayed on the online message board or similar Internet
application for no less than 30 days after the communication is
first posted.
(b) A governmental body may have no more than one online
message board or similar Internet application to be used for the
purposes described in Subsection (a). The online message board or
similar Internet application must be owned or controlled by the
governmental body, prominently displayed on the governmental
body's primary Internet web page, and no more than one click away
from the governmental body's primary Internet web page.
(c) The online message board or similar Internet
application described in Subsection (a) may only be used by members
of the governmental body or staff members of the governmental body
who have received specific authorization from a member of the
governmental body. In the event that a staff member posts a
communication to the online message board or similar Internet
application, the name and title of the staff member must be posted
along with the communication.
(d) If a governmental body removes from the online message
board or similar Internet application a communication that has been
posted for at least 30 days, the governmental body shall maintain
the posting for a period of six years. This communication is public
information and must be disclosed in accordance with Chapter 552.
(e) The governmental body may not vote or take any action
that is required to be taken at a meeting under this chapter of the
governmental body by posting a communication to the online message
board or similar Internet application. In no event shall a
communication or posting to the online message board or similar
Internet application be construed to be an action of the
governmental body.
SECTION 4. The changes in law made by this Act apply only to
an open meeting held on or after the effective date of this Act. An
open meeting that is held before the effective date of this Act is
governed by the law in effect on the date of the open meeting, and
the former law is continued in effect for that purpose.
SECTION 5. 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, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2414 was passed by the House on May 2,
2013, by the following vote: Yeas 147, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2414 on May 23, 2013, by the following vote: Yeas 145, Nays 1,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2414 was passed by the Senate, with
amendments, on May 20, 2013, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor