By: Ellis S.B. No. 471
(Harper-Brown)
A BILL TO BE ENTITLED
AN ACT
relating to technological efficiencies in the recording of certain
open meetings.
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) "Recording" means a tangible medium on which audio
or a combination of audio and video is recorded, including a disc,
tape, wire, film, electronic storage drive, or other medium now
existing or later developed.
SECTION 2. The heading to Section 551.021, Government Code,
is amended to read as follows:
Sec. 551.021. MINUTES OR [TAPE] RECORDING OF OPEN MEETING
REQUIRED.
SECTION 3. Subsection (a), Section 551.021, Government
Code, is amended to read as follows:
(a) A governmental body shall prepare and keep minutes or
make a [tape] recording of each open meeting of the body.
SECTION 4. Section 551.022, Government Code, is amended to
read as follows:
Sec. 551.022. MINUTES AND [TAPE] RECORDINGS OF OPEN
MEETING: PUBLIC RECORD. The minutes and [tape] recordings of an
open meeting are public records and shall be available for public
inspection and copying on request to the governmental body's chief
administrative officer or the officer's designee.
SECTION 5. Subsection (a), Section 551.023, Government
Code, is amended to read as follows:
(a) A person in attendance may record all or any part of an
open meeting of a governmental body by means of a [tape] recorder,
video camera, or other means of aural or visual reproduction.
SECTION 6. Subsection (b), Section 551.0725, Government
Code, is amended to read as follows:
(b) Notwithstanding Section 551.103(a), Government Code,
the commissioners court must make a [tape] recording of the
proceedings of a closed meeting to deliberate the information.
SECTION 7. Subsection (b), Section 551.0726, Government
Code, is amended to read as follows:
(b) Notwithstanding Section 551.103(a), the commission must
make a [tape] recording of the proceedings of a closed meeting held
under this section.
SECTION 8. The heading to Section 551.103, Government Code,
is amended to read as follows:
Sec. 551.103. CERTIFIED AGENDA OR [TAPE] RECORDING
REQUIRED.
SECTION 9. Subections (a) and (d), Section 551.103,
Government Code, are amended to read as follows:
(a) A governmental body shall either keep a certified agenda
or make a [tape] recording of the proceedings of each closed
meeting, except for a private consultation permitted under Section
551.071.
(d) A [tape] recording made under Subsection (a) must
include announcements by the presiding officer at the beginning and
the end of the meeting indicating the date and time.
SECTION 10. Section 551.104, Government Code, is amended to
read as follows:
Sec. 551.104. CERTIFIED AGENDA OR RECORDING [TAPE];
PRESERVATION; DISCLOSURE. (a) A governmental body shall preserve
the certified agenda or [tape] recording of a closed meeting for at
least two years after the date of the meeting. If an action
involving the meeting is brought within that period, the
governmental body shall preserve the certified agenda or recording
[tape] while the action is pending.
(b) In litigation in a district court involving an alleged
violation of this chapter, the court:
(1) is entitled to make an in camera inspection of the
certified agenda or recording [tape];
(2) may admit all or part of the certified agenda or
recording [tape] as evidence, on entry of a final judgment; and
(3) may grant legal or equitable relief it considers
appropriate, including an order that the governmental body make
available to the public the certified agenda or recording [tape] of
any part of a meeting that was required to be open under this
chapter.
(c) The certified agenda or recording [tape] of a closed
meeting is available for public inspection and copying only under a
court order issued under Subsection (b)(3).
SECTION 11. Subsection (f), Section 551.121, Government
Code, is amended to read as follows:
(f) Each part of the telephone conference call meeting that
is required to be open to the public shall be audible to the public
at the location specified in the notice of the meeting as the
location of the meeting and shall be [tape] recorded. The [tape]
recording shall be made available to the public.
SECTION 12. Subsection (d), Section 551.122, Government
Code, is amended to read as follows:
(d) Each part of the telephone conference call meeting that
is required to be open to the public shall be audible to the public
at the location where the quorum is present and shall be recorded
[tape-recorded]. The [tape] recording shall be made available to
the public.
SECTION 13. Subsection (e), Section 551.125, Government
Code, is amended to read as follows:
(e) Each part of the telephone conference call meeting that
is required to be open to the public shall be audible to the public
at the location specified in the notice of the meeting as the
location of the meeting and shall be recorded [tape-recorded]. The
[tape] recording shall be made available to the public.
SECTION 14. Subsection (e), Section 551.130, Government
Code, is amended to read as follows:
(e) The location where a quorum is physically present must
be open to the public during the open portions of a telephone
conference call meeting. The open portions of the meeting must be
audible to the public at the location where the quorum is present
and be recorded [tape-recorded] at that location. The [tape]
recording shall be made available to the public.
SECTION 15. The heading to Section 551.145, Government
Code, is amended to read as follows:
Sec. 551.145. CLOSED MEETING WITHOUT CERTIFIED AGENDA OR
[TAPE] RECORDING; OFFENSE; PENALTY.
SECTION 16. Subsection (a), Section 551.145, Government
Code, is amended to read as follows:
(a) A member of a governmental body commits an offense if
the member participates in a closed meeting of the governmental
body knowing that a certified agenda of the closed meeting is not
being kept or that a [tape] recording of the closed meeting is not
being made.
SECTION 17. The heading to Section 551.146, Government
Code, is amended to read as follows:
Sec. 551.146. DISCLOSURE OF CERTIFIED AGENDA OR [TAPE]
RECORDING OF CLOSED MEETING; OFFENSE; PENALTY; CIVIL LIABILITY.
SECTION 18. Subections (a) and (c), Section 551.146,
Government Code, are amended to read as follows:
(a) An individual, corporation, or partnership that without
lawful authority knowingly discloses to a member of the public the
certified agenda or [tape] recording of a meeting that was lawfully
closed to the public under this chapter:
(1) commits an offense; and
(2) is liable to a person injured or damaged by the
disclosure for:
(A) actual damages, including damages for
personal injury or damage, lost wages, defamation, or mental or
other emotional distress;
(B) reasonable attorney fees and court costs; and
(C) at the discretion of the trier of fact,
exemplary damages.
(c) It is a defense to prosecution under Subsection (a)(1)
and an affirmative defense to a civil action under Subsection
(a)(2) that:
(1) the defendant had good reason to believe the
disclosure was lawful; or
(2) the disclosure was the result of a mistake of fact
concerning the nature or content of the certified agenda or [tape]
recording.
SECTION 19. 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.