Texas 2013 - 83rd Regular

Texas Senate Bill SB471 Compare Versions

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1	1	By: Ellis S.B. No. 471
2	2	(Harper-Brown)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to technological efficiencies in the recording of certain
8	8	open meetings.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 551.001, Government Code, is amended by
11	11	adding Subdivision (7) to read as follows:
12	12	(7) "Recording" means a tangible medium on which audio
13	13	or a combination of audio and video is recorded, including a disc,
14	14	tape, wire, film, electronic storage drive, or other medium now
15	15	existing or later developed.
16	16	SECTION 2. The heading to Section 551.021, Government Code,
17	17	is amended to read as follows:
18	18	Sec. 551.021. MINUTES OR [TAPE] RECORDING OF OPEN MEETING
19	19	REQUIRED.
20	20	SECTION 3. Subsection (a), Section 551.021, Government
21	21	Code, is amended to read as follows:
22	22	(a) A governmental body shall prepare and keep minutes or
23	23	make a [tape] recording of each open meeting of the body.
24	24	SECTION 4. Section 551.022, Government Code, is amended to
25	25	read as follows:
26	26	Sec. 551.022. MINUTES AND [TAPE] RECORDINGS OF OPEN
27	27	MEETING: PUBLIC RECORD. The minutes and [tape] recordings of an
28	28	open meeting are public records and shall be available for public
29	29	inspection and copying on request to the governmental body's chief
30	30	administrative officer or the officer's designee.
31	31	SECTION 5. Subsection (a), Section 551.023, Government
32	32	Code, is amended to read as follows:
33	33	(a) A person in attendance may record all or any part of an
34	34	open meeting of a governmental body by means of a [tape] recorder,
35	35	video camera, or other means of aural or visual reproduction.
36	36	SECTION 6. Subsection (b), Section 551.0725, Government
37	37	Code, is amended to read as follows:
38	38	(b) Notwithstanding Section 551.103(a), Government Code,
39	39	the commissioners court must make a [tape] recording of the
40	40	proceedings of a closed meeting to deliberate the information.
41	41	SECTION 7. Subsection (b), Section 551.0726, Government
42	42	Code, is amended to read as follows:
43	43	(b) Notwithstanding Section 551.103(a), the commission must
44	44	make a [tape] recording of the proceedings of a closed meeting held
45	45	under this section.
46	46	SECTION 8. The heading to Section 551.103, Government Code,
47	47	is amended to read as follows:
48	48	Sec. 551.103. CERTIFIED AGENDA OR [TAPE] RECORDING
49	49	REQUIRED.
50	50	SECTION 9. Subections (a) and (d), Section 551.103,
51	51	Government Code, are amended to read as follows:
52	52	(a) A governmental body shall either keep a certified agenda
53	53	or make a [tape] recording of the proceedings of each closed
54	54	meeting, except for a private consultation permitted under Section
55	55	551.071.
56	56	(d) A [tape] recording made under Subsection (a) must
57	57	include announcements by the presiding officer at the beginning and
58	58	the end of the meeting indicating the date and time.
59	59	SECTION 10. Section 551.104, Government Code, is amended to
60	60	read as follows:
61	61	Sec. 551.104. CERTIFIED AGENDA OR RECORDING [TAPE];
62	62	PRESERVATION; DISCLOSURE. (a) A governmental body shall preserve
63	63	the certified agenda or [tape] recording of a closed meeting for at
64	64	least two years after the date of the meeting. If an action
65	65	involving the meeting is brought within that period, the
66	66	governmental body shall preserve the certified agenda or recording
67	67	[tape] while the action is pending.
68	68	(b) In litigation in a district court involving an alleged
69	69	violation of this chapter, the court:
70	70	(1) is entitled to make an in camera inspection of the
71	71	certified agenda or recording [tape];
72	72	(2) may admit all or part of the certified agenda or
73	73	recording [tape] as evidence, on entry of a final judgment; and
74	74	(3) may grant legal or equitable relief it considers
75	75	appropriate, including an order that the governmental body make
76	76	available to the public the certified agenda or recording [tape] of
77	77	any part of a meeting that was required to be open under this
78	78	chapter.
79	79	(c) The certified agenda or recording [tape] of a closed
80	80	meeting is available for public inspection and copying only under a
81	81	court order issued under Subsection (b)(3).
82	82	SECTION 11. Subsection (f), Section 551.121, Government
83	83	Code, is amended to read as follows:
84	84	(f) Each part of the telephone conference call meeting that
85	85	is required to be open to the public shall be audible to the public
86	86	at the location specified in the notice of the meeting as the
87	87	location of the meeting and shall be [tape] recorded. The [tape]
88	88	recording shall be made available to the public.
89	89	SECTION 12. Subsection (d), Section 551.122, Government
90	90	Code, is amended to read as follows:
91	91	(d) Each part of the telephone conference call meeting that
92	92	is required to be open to the public shall be audible to the public
93	93	at the location where the quorum is present and shall be recorded
94	94	[tape-recorded]. The [tape] recording shall be made available to
95	95	the public.
96	96	SECTION 13. Subsection (e), Section 551.125, Government
97	97	Code, is amended to read as follows:
98	98	(e) Each part of the telephone conference call meeting that
99	99	is required to be open to the public shall be audible to the public
100	100	at the location specified in the notice of the meeting as the
101	101	location of the meeting and shall be recorded [tape-recorded]. The
102	102	[tape] recording shall be made available to the public.
103	103	SECTION 14. Subsection (e), Section 551.130, Government
104	104	Code, is amended to read as follows:
105	105	(e) The location where a quorum is physically present must
106	106	be open to the public during the open portions of a telephone
107	107	conference call meeting. The open portions of the meeting must be
108	108	audible to the public at the location where the quorum is present
109	109	and be recorded [tape-recorded] at that location. The [tape]
110	110	recording shall be made available to the public.
111	111	SECTION 15. The heading to Section 551.145, Government
112	112	Code, is amended to read as follows:
113	113	Sec. 551.145. CLOSED MEETING WITHOUT CERTIFIED AGENDA OR
114	114	[TAPE] RECORDING; OFFENSE; PENALTY.
115	115	SECTION 16. Subsection (a), Section 551.145, Government
116	116	Code, is amended to read as follows:
117	117	(a) A member of a governmental body commits an offense if
118	118	the member participates in a closed meeting of the governmental
119	119	body knowing that a certified agenda of the closed meeting is not
120	120	being kept or that a [tape] recording of the closed meeting is not
121	121	being made.
122	122	SECTION 17. The heading to Section 551.146, Government
123	123	Code, is amended to read as follows:
124	124	Sec. 551.146. DISCLOSURE OF CERTIFIED AGENDA OR [TAPE]
125	125	RECORDING OF CLOSED MEETING; OFFENSE; PENALTY; CIVIL LIABILITY.
126	126	SECTION 18. Subections (a) and (c), Section 551.146,
127	127	Government Code, are amended to read as follows:
128	128	(a) An individual, corporation, or partnership that without
129	129	lawful authority knowingly discloses to a member of the public the
130	130	certified agenda or [tape] recording of a meeting that was lawfully
131	131	closed to the public under this chapter:
132	132	(1) commits an offense; and
133	133	(2) is liable to a person injured or damaged by the
134	134	disclosure for:
135	135	(A) actual damages, including damages for
136	136	personal injury or damage, lost wages, defamation, or mental or
137	137	other emotional distress;
138	138	(B) reasonable attorney fees and court costs; and
139	139	(C) at the discretion of the trier of fact,
140	140	exemplary damages.
141	141	(c) It is a defense to prosecution under Subsection (a)(1)
142	142	and an affirmative defense to a civil action under Subsection
143	143	(a)(2) that:
144	144	(1) the defendant had good reason to believe the
145	145	disclosure was lawful; or
146	146	(2) the disclosure was the result of a mistake of fact
147	147	concerning the nature or content of the certified agenda or [tape]
148	148	recording.
149	149	SECTION 19. This Act takes effect immediately if it
150	150	receives a vote of two-thirds of all the members elected to each
151	151	house, as provided by Section 39, Article III, Texas Constitution.
152	152	If this Act does not receive the vote necessary for immediate
153	153	effect, this Act takes effect September 1, 2013.