85R11478 BEF-F
By: Dale H.B. No. 3047
A BILL TO BE ENTITLED
AN ACT
relating to the meeting of a governmental body held by
videoconference call.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.127, Government Code, as amended by
Chapters 159 (S.B. 984) and 685 (H.B. 2414), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted and amended to
read as follows:
Sec. 551.127. VIDEOCONFERENCE CALL. (a) Except as
otherwise provided by this section, this chapter does not prohibit
a governmental body from holding an open or closed meeting by
videoconference call.
(a-1) A member or employee of a governmental body may
participate remotely in a meeting of the governmental body by means
of a videoconference call if the video and audio feed of the
member's or employee's participation, as applicable, is broadcast
live at the meeting and complies with the provisions of this
section.
(a-2) A member of a governmental body who participates in a
meeting as provided by Subsection (a-1) shall be counted as present
at the meeting for all purposes.
(a-3) A member of a governmental body who participates in a
meeting by videoconference call shall be considered absent from any
portion of the meeting during which audio or video communication
with the member is lost or disconnected. The governmental body may
continue the meeting only if a quorum of the body remains present at
the meeting location or, if applicable, continues to participate in
a meeting conducted under Subsection (c).
(b) A meeting may be held by videoconference call only if a
quorum of the governmental body is physically present at one
location of the meeting, except as provided by Subsection (c).
(c) A meeting of a state governmental body or a governmental
body that extends into three or more counties may be held by
videoconference call only if the member of the governmental body
presiding over the meeting is physically present at one location of
the meeting that is open to the public during the open portions of
the meeting.
(d) A meeting held by videoconference call is subject to the
notice requirements applicable to other meetings in addition to the
notice requirements prescribed by this section.
(e) The notice of a meeting to be held by videoconference
call must specify as a location of the meeting the location where a
quorum of the governmental body will be physically present and
specify the intent to have a quorum present at that location, except
that the notice of a meeting to be held by videoconference call
under Subsection (c) must specify as a location of the meeting the
location where the member of the governmental body presiding over
the meeting will be physically present and specify the intent to
have the member of the governmental body presiding over the meeting
present at that location. The location where the member of the
governmental body presiding over the meeting is physically present
shall be open to the public during the open portions of the meeting.
(f) Each portion of a meeting held by videoconference call
that is required to be open to the public shall be visible and
audible to the public at the location specified under Subsection
(e). If a problem occurs that causes a meeting to no longer be
visible and audible to the public at that location, the meeting must
be recessed until the problem is resolved. If the problem is not
resolved in six hours or less, the meeting must be adjourned.
(g) The governmental body shall make at least an audio
recording of the meeting. The recording shall be made available to
the public.
(h) The location specified under Subsection (e), and each
remote location from which a member of the governmental body
participates, shall have two-way audio and video communication with
each other location during the entire meeting. The face of each
participant in the videoconference call, while that participant is
speaking, shall be clearly visible, and the voice audible, to each
other participant and, during the open portion of the meeting, to
the members of the public in attendance at the physical location
described by Subsection (e) and at any other location of the meeting
that is open to the public.
(i) The Department of Information Resources by rule shall
specify minimum standards for audio and video signals at a meeting
held by videoconference call. The quality of the audio and video
signals perceptible at each location of the meeting must meet or
exceed those standards.
(j) The audio and video signals perceptible by members of
the public at each location of the meeting described by Subsection
(h) must be of sufficient quality so that members of the public at
each location can observe the demeanor and hear the voice of each
participant in the open portion of the meeting.
(k) Without regard to whether a member of the governmental
body is participating in a meeting from a remote location by
videoconference call, a governmental body may allow a member of the
public to testify at a meeting from a remote location by
videoconference call.
SECTION 2. This Act takes effect September 1, 2017.