Texas 2015 - 84th Regular

Texas House Bill HB283 Compare Versions

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1-By: Fallon, et al. (Senate Sponsor - Creighton) H.B. No. 283
2- (In the Senate - Received from the House May 14, 2015;
3- May 15, 2015, read first time and referred to Committee on Business
4- and Commerce; May 22, 2015, reported favorably by the following
5- vote: Yeas 8, Nays 0; May 22, 2015, sent to printer.)
6-Click here to see the committee vote
1+H.B. No. 283
72
83
9- A BILL TO BE ENTITLED
104 AN ACT
115 relating to the requirement that certain governmental bodies make
126 audio and video recordings of open meetings available on the
137 Internet.
148 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
159 SECTION 1. Section 551.128, Government Code, is amended by
1610 amending Subsections (b) and (c) and adding Subsections (b-1),
1711 (b-2), (b-3), (b-4), (b-5), and (b-6) to read as follows:
1812 (b) Except as provided by Subsection (b-1) and subject
1913 [Subject] to the requirements of this section, a governmental body
2014 may broadcast an open meeting over the Internet.
2115 (b-1) A transit authority or department subject to Chapter
2216 451, 452, 453, or 460, Transportation Code, an elected school
2317 district board of trustees for a school district that has a student
2418 enrollment of 10,000 or more, an elected governing body of a
2519 home-rule municipality that has a population of 50,000 or more, or a
2620 county commissioners court for a county that has a population of
2721 125,000 or more shall:
2822 (1) make a video and audio recording of reasonable
2923 quality of each regularly scheduled open meeting that is not a work
3024 session or a special called meeting; and
3125 (2) make available an archived copy of the video and
3226 audio recording of each meeting described by Subdivision (1) on the
3327 Internet.
3428 (b-2) A governmental body described by Subsection (b-1) may
3529 make available the archived recording of a meeting required by
3630 Subsection (b-1) on an existing Internet site, including a publicly
3731 accessible video-sharing or social networking site. The
3832 governmental body is not required to establish a separate Internet
3933 site and provide access to archived recordings of meetings from
4034 that site.
4135 (b-3) A governmental body described by Subsection (b-1)
4236 that maintains an Internet site shall make available on that site,
4337 in a conspicuous manner:
4438 (1) the archived recording of each meeting to which
4539 Subsection (b-1) applies; or
4640 (2) an accessible link to the archived recording of
4741 each such meeting.
4842 (b-4) A governmental body described by Subsection (b-1)
4943 shall:
5044 (1) make the archived recording of each meeting to
5145 which Subsection (b-1) applies available on the Internet not later
5246 than seven days after the date the recording was made; and
5347 (2) maintain the archived recording on the Internet
5448 for not less than two years after the date the recording was first
5549 made available.
5650 (b-5) A governmental body described by Subsection (b-1) is
5751 exempt from the requirements of Subsections (b-2) and (b-4) if the
5852 governmental body's failure to make the required recording of a
5953 meeting available is the result of a catastrophe, as defined by
6054 Section 551.0411, or a technical breakdown. Following a catastrophe
6155 or breakdown, a governmental body must make all reasonable efforts
6256 to make the required recording available in a timely manner.
6357 (b-6) A governmental body described by Subsection (b-1) may
6458 broadcast a regularly scheduled open meeting of the body on
6559 television.
6660 (c) Except as provided by Subsection (b-2), a [A]
6761 governmental body that broadcasts a meeting over the Internet shall
6862 establish an Internet site and provide access to the broadcast from
6963 that site. The governmental body shall provide on the Internet site
7064 the same notice of the meeting that the governmental body is
7165 required to post under Subchapter C. The notice on the Internet must
7266 be posted within the time required for posting notice under
7367 Subchapter C.
7468 SECTION 2. The changes in law made by this Act apply only to
7569 an open meeting held on or after the effective date of this Act. An
7670 open meeting held before the effective date of this Act is governed
7771 by the law in effect on the date of the open meeting, and the former
7872 law is continued in effect for that purpose.
7973 SECTION 3. This Act takes effect January 1, 2016.
80- * * * * *
74+ ______________________________ ______________________________
75+ President of the Senate Speaker of the House
76+ I certify that H.B. No. 283 was passed by the House on May 13,
77+ 2015, by the following vote: Yeas 143, Nays 4, 1 present, not
78+ voting.
79+ ______________________________
80+ Chief Clerk of the House
81+ I certify that H.B. No. 283 was passed by the Senate on May
82+ 25, 2015, by the following vote: Yeas 29, Nays 2.
83+ ______________________________
84+ Secretary of the Senate
85+ APPROVED: _____________________
86+ Date
87+ _____________________
88+ Governor