By: Branch H.B. No. 3804
A BILL TO BE ENTITLED
AN ACT
relating to written electronic communications between members of a
governmental body.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 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 thirty 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 governmenta
l
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 thirty days, the governmental body shall
maintain the posting for a period of two years. This communication
is public information and must be disclosed in accordance with
Government Code, 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 2. This Act takes effect September 1, 2013.