10 | 4 | | AN ACT |
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11 | 5 | | relating to the requirement that certain governmental bodies make |
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12 | 6 | | audio and video recordings of open meetings available on the |
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13 | 7 | | Internet. |
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14 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 9 | | SECTION 1. Section 551.128, Government Code, is amended by |
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16 | 10 | | amending Subsections (b) and (c) and adding Subsections (b-1), |
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17 | 11 | | (b-2), (b-3), (b-4), (b-5), and (b-6) to read as follows: |
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18 | 12 | | (b) Except as provided by Subsection (b-1) and subject |
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19 | 13 | | [Subject] to the requirements of this section, a governmental body |
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20 | 14 | | may broadcast an open meeting over the Internet. |
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21 | 15 | | (b-1) A transit authority or department subject to Chapter |
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22 | 16 | | 451, 452, 453, or 460, Transportation Code, an elected school |
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23 | 17 | | district board of trustees for a school district that has a student |
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24 | 18 | | enrollment of 10,000 or more, an elected governing body of a |
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25 | 19 | | home-rule municipality that has a population of 50,000 or more, or a |
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26 | 20 | | county commissioners court for a county that has a population of |
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27 | 21 | | 125,000 or more shall: |
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28 | 22 | | (1) make a video and audio recording of reasonable |
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29 | 23 | | quality of each regularly scheduled open meeting that is not a work |
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30 | 24 | | session or a special called meeting; and |
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31 | 25 | | (2) make available an archived copy of the video and |
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32 | 26 | | audio recording of each meeting described by Subdivision (1) on the |
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33 | 27 | | Internet. |
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34 | 28 | | (b-2) A governmental body described by Subsection (b-1) may |
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35 | 29 | | make available the archived recording of a meeting required by |
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36 | 30 | | Subsection (b-1) on an existing Internet site, including a publicly |
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37 | 31 | | accessible video-sharing or social networking site. The |
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38 | 32 | | governmental body is not required to establish a separate Internet |
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39 | 33 | | site and provide access to archived recordings of meetings from |
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40 | 34 | | that site. |
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41 | 35 | | (b-3) A governmental body described by Subsection (b-1) |
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42 | 36 | | that maintains an Internet site shall make available on that site, |
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43 | 37 | | in a conspicuous manner: |
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44 | 38 | | (1) the archived recording of each meeting to which |
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45 | 39 | | Subsection (b-1) applies; or |
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46 | 40 | | (2) an accessible link to the archived recording of |
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47 | 41 | | each such meeting. |
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48 | 42 | | (b-4) A governmental body described by Subsection (b-1) |
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49 | 43 | | shall: |
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50 | 44 | | (1) make the archived recording of each meeting to |
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51 | 45 | | which Subsection (b-1) applies available on the Internet not later |
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52 | 46 | | than seven days after the date the recording was made; and |
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53 | 47 | | (2) maintain the archived recording on the Internet |
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54 | 48 | | for not less than two years after the date the recording was first |
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55 | 49 | | made available. |
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56 | 50 | | (b-5) A governmental body described by Subsection (b-1) is |
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57 | 51 | | exempt from the requirements of Subsections (b-2) and (b-4) if the |
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58 | 52 | | governmental body's failure to make the required recording of a |
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59 | 53 | | meeting available is the result of a catastrophe, as defined by |
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60 | 54 | | Section 551.0411, or a technical breakdown. Following a catastrophe |
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61 | 55 | | or breakdown, a governmental body must make all reasonable efforts |
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62 | 56 | | to make the required recording available in a timely manner. |
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63 | 57 | | (b-6) A governmental body described by Subsection (b-1) may |
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64 | 58 | | broadcast a regularly scheduled open meeting of the body on |
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65 | 59 | | television. |
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66 | 60 | | (c) Except as provided by Subsection (b-2), a [A] |
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67 | 61 | | governmental body that broadcasts a meeting over the Internet shall |
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68 | 62 | | establish an Internet site and provide access to the broadcast from |
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69 | 63 | | that site. The governmental body shall provide on the Internet site |
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70 | 64 | | the same notice of the meeting that the governmental body is |
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71 | 65 | | required to post under Subchapter C. The notice on the Internet must |
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72 | 66 | | be posted within the time required for posting notice under |
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73 | 67 | | Subchapter C. |
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74 | 68 | | SECTION 2. The changes in law made by this Act apply only to |
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75 | 69 | | an open meeting held on or after the effective date of this Act. An |
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76 | 70 | | open meeting held before the effective date of this Act is governed |
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77 | 71 | | by the law in effect on the date of the open meeting, and the former |
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78 | 72 | | law is continued in effect for that purpose. |
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79 | 73 | | SECTION 3. This Act takes effect January 1, 2016. |
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