Texas 2017 - 85th Regular

Texas House Bill HB3047 Compare Versions

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Version 2 (New)

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1		-	By: Dale (Senate Sponsor - Schwertner) H.B. No. 3047
2		-	(In the Senate - Received from the House May 10, 2017;
3		-	May 10, 2017, read first time and referred to Committee on Business &
4		-	Commerce; May 21, 2017, reported favorably by the following vote:
5		-	Yeas 8, Nays 0; May 21, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 3047
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the meeting of a governmental body held by
12	6		videoconference call.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 551.127, Government Code, as amended by
15	9		Chapters 159 (S.B. 984) and 685 (H.B. 2414), Acts of the 83rd
16	10		Legislature, Regular Session, 2013, is reenacted and amended to
17	11		read as follows:
18	12		Sec. 551.127. VIDEOCONFERENCE CALL. (a) Except as
19	13		otherwise provided by this section, this chapter does not prohibit
20	14		a governmental body from holding an open or closed meeting by
21	15		videoconference call.
22	16		(a-1) A member or employee of a governmental body may
23	17		participate remotely in a meeting of the governmental body by means
24	18		of a videoconference call if the video and audio feed of the
25	19		member's or employee's participation, as applicable, is broadcast
26	20		live at the meeting and complies with the provisions of this
27	21		section.
28	22		(a-2) A member of a governmental body who participates in a
29	23		meeting as provided by Subsection (a-1) shall be counted as present
30	24		at the meeting for all purposes.
31	25		(a-3) A member of a governmental body who participates in a
32	26		meeting by videoconference call shall be considered absent from any
33	27		portion of the meeting during which audio or video communication
34	28		with the member is lost or disconnected. The governmental body may
35	29		continue the meeting only if a quorum of the body remains present at
36	30		the meeting location or, if applicable, continues to participate in
37	31		a meeting conducted under Subsection (c).
38	32		(b) A meeting may be held by videoconference call only if a
39	33		quorum of the governmental body is physically present at one
40	34		location of the meeting, except as provided by Subsection (c).
41	35		(c) A meeting of a state governmental body or a governmental
42	36		body that extends into three or more counties may be held by
43	37		videoconference call only if the member of the governmental body
44	38		presiding over the meeting is physically present at one location of
45	39		the meeting that is open to the public during the open portions of
46	40		the meeting.
47	41		(d) A meeting held by videoconference call is subject to the
48	42		notice requirements applicable to other meetings in addition to the
49	43		notice requirements prescribed by this section.
50	44		(e) The notice of a meeting to be held by videoconference
51	45		call must specify as a location of the meeting the location where a
52	46		quorum of the governmental body will be physically present and
53	47		specify the intent to have a quorum present at that location, except
54	48		that the notice of a meeting to be held by videoconference call
55	49		under Subsection (c) must specify as a location of the meeting the
56	50		location where the member of the governmental body presiding over
57	51		the meeting will be physically present and specify the intent to
58	52		have the member of the governmental body presiding over the meeting
59	53		present at that location. The location where the member of the
60	54		governmental body presiding over the meeting is physically present
61	55		shall be open to the public during the open portions of the meeting.
62	56		(f) Each portion of a meeting held by videoconference call
63	57		that is required to be open to the public shall be visible and
64	58		audible to the public at the location specified under Subsection
65	59		(e). If a problem occurs that causes a meeting to no longer be
66	60		visible and audible to the public at that location, the meeting must
67	61		be recessed until the problem is resolved. If the problem is not
68	62		resolved in six hours or less, the meeting must be adjourned.
69	63		(g) The governmental body shall make at least an audio
70	64		recording of the meeting. The recording shall be made available to
71	65		the public.
72	66		(h) The location specified under Subsection (e), and each
73	67		remote location from which a member of the governmental body
74	68		participates, shall have two-way audio and video communication with
75	69		each other location during the entire meeting. The face of each
76	70		participant in the videoconference call, while that participant is
77	71		speaking, shall be clearly visible, and the voice audible, to each
78	72		other participant and, during the open portion of the meeting, to
79	73		the members of the public in attendance at the physical location
80	74		described by Subsection (e) and at any other location of the meeting
81	75		that is open to the public.
82	76		(i) The Department of Information Resources by rule shall
83	77		specify minimum standards for audio and video signals at a meeting
84	78		held by videoconference call. The quality of the audio and video
85	79		signals perceptible at each location of the meeting must meet or
86	80		exceed those standards.
87	81		(j) The audio and video signals perceptible by members of
88	82		the public at each location of the meeting described by Subsection
89	83		(h) must be of sufficient quality so that members of the public at
90	84		each location can observe the demeanor and hear the voice of each
91	85		participant in the open portion of the meeting.
92	86		(k) Without regard to whether a member of the governmental
93	87		body is participating in a meeting from a remote location by
94	88		videoconference call, a governmental body may allow a member of the
95	89		public to testify at a meeting from a remote location by
96	90		videoconference call.
97	91		SECTION 2. This Act takes effect September 1, 2017.
98		-	* * * * *
	92	+	______________________________ ______________________________
	93	+	President of the Senate Speaker of the House
	94	+	I certify that H.B. No. 3047 was passed by the House on May 9,
	95	+	2017, by the following vote: Yeas 145, Nays 0, 2 present, not
	96	+	voting.
	97	+	______________________________
	98	+	Chief Clerk of the House
	99	+	I certify that H.B. No. 3047 was passed by the Senate on May
	100	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	101	+	______________________________
	102	+	Secretary of the Senate
	103	+	APPROVED: _____________________
	104	+	Date
	105	+	_____________________
	106	+	Governor