Texas 2017 - 85th Regular

Texas House Bill HB3203 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11352 TJB-D
2	2	By: Fallon H.B. No. 3203
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to recordings of meetings of certain governmental bodies;
8	8	creating offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 551.001, Government Code, is amended by
11	11	adding Subdivision (9) to read as follows:
12	12	(9) "Video recording" means a recording of reasonable
13	13	quality on which a combination of audio and video is recorded.
14	14	SECTION 2. The heading to Section 551.021, Government Code,
15	15	is amended to read as follows:
16	16	Sec. 551.021. MINUTES AND [OR] RECORDING OF OPEN MEETING
17	17	REQUIRED.
18	18	SECTION 3. Section 551.021(a), Government Code, is amended
19	19	to read as follows:
20	20	(a) Except as provided by Section 551.0215, a [A]
21	21	governmental body shall prepare and keep for each open meeting of
22	22	the body:
23	23	(1) minutes [or make a recording] of the [each open]
24	24	meeting; and
25	25	(2) either:
26	26	(A) a video recording of the meeting; or
27	27	(B) a recording of the meeting if the meeting is a
28	28	telephone conference call meeting authorized by Subchapter F or by
29	29	other law [of the body].
30	30	SECTION 4. Subchapter B, Chapter 551, Government Code, is
31	31	amended by adding Section 551.0215 to read as follows:
32	32	Sec. 551.0215. MINUTES OR RECORDING OF OPEN MEETING
33	33	REQUIRED. (a) This section applies only to:
34	34	(1) a municipal governmental body described by Section
35	35	551.001(3)(C) or (D) for a municipality with a population of less
36	36	than 25,000;
37	37	(2) a county governmental body described by Section
38	38	551.001(3)(B), (D), (F), or (G) for a county with a population of
39	39	less than 100,000; and
40	40	(3) a school district board of trustees for a school
41	41	district with a student enrollment of less than 5,000.
42	42	(b) A governmental body shall prepare and keep minutes or
43	43	make a recording of each open meeting of the body.
44	44	(c) The minutes must:
45	45	(1) state the subject of each deliberation; and
46	46	(2) indicate each vote, order, decision, or other
47	47	action taken.
48	48	SECTION 5. Subchapter B, Chapter 551, Government Code, is
49	49	amended by adding Section 551.024 to read as follows:
50	50	Sec. 551.024. INTERNET ARCHIVE OF RECORDINGS. (a) This
51	51	section does not apply to a governmental body to which Section
52	52	551.0215 applies.
53	53	(b) Except as provided by Subsection (c), a governmental
54	54	body shall archive and make available on the Internet website of the
55	55	body or the governmental entity to which the body belongs each
56	56	recording of an open meeting required to be recorded under this
57	57	chapter or other law.
58	58	(c) If neither the governmental body nor the governmental
59	59	entity to which the body belongs maintains an Internet website, the
60	60	body shall archive and make available on an existing Internet
61	61	website, including a publicly accessible video-sharing or social
62	62	networking site, each recording described by Subsection (b). The
63	63	archived recordings must be easily found by searching the name of
64	64	the body on the Internet.
65	65	(d) A governmental body must archive and make a recording
66	66	described by this section available on the applicable Internet
67	67	website not later than the second business day after the date the
68	68	meeting is held. A governmental body may not remove a recording from
69	69	an Internet website once the recording is made available to the
70	70	public.
71	71	(e) A governmental body is exempt from the requirements of
72	72	this section to the extent a catastrophe, as defined by Section
73	73	551.0411, or a technical breakdown prevents the body from complying
74	74	with this section. Following the catastrophe or technical
75	75	breakdown, the governmental body shall make all reasonable efforts
76	76	to make the required recording of the open meeting available in a
77	77	timely manner.
78	78	SECTION 6. Section 551.0725(b), Government Code, is amended
79	79	to read as follows:
80	80	(b) Notwithstanding Section 551.1035 [551.103(a),
81	81	Government Code], the commissioners court of a county to which that
82	82	section applies must make a recording of the proceedings of a closed
83	83	meeting to deliberate the information.
84	84	SECTION 7. Section 551.0726, Government Code, is amended to
85	85	read as follows:
86	86	Sec. 551.0726. TEXAS FACILITIES COMMISSION: DELIBERATION
87	87	REGARDING CONTRACT BEING NEGOTIATED; CLOSED MEETING. [(a)] The
88	88	Texas Facilities Commission may conduct a closed meeting to
89	89	deliberate business and financial issues relating to a contract
90	90	being negotiated if, before conducting the closed meeting:
91	91	(1) the commission votes unanimously that
92	92	deliberation in an open meeting would have a detrimental effect on
93	93	the position of the state in negotiations with a third person; and
94	94	(2) the attorney advising the commission issues a
95	95	written determination finding that deliberation in an open meeting
96	96	would have a detrimental effect on the position of the state in
97	97	negotiations with a third person and setting forth that finding
98	98	therein.
99	99	[(b) Notwithstanding Section 551.103(a), the commission
100	100	must make a recording of the proceedings of a closed meeting held
101	101	under this section.]
102	102	SECTION 8. The heading to Section 551.103, Government Code,
103	103	is amended to read as follows:
104	104	Sec. 551.103. CERTIFIED AGENDA AND [OR] RECORDING REQUIRED.
105	105	SECTION 9. Section 551.103, Government Code, is amended by
106	106	amending Subsection (a) and adding Subsection (e) to read as
107	107	follows:
108	108	(a) Except as provided by Section 551.1035, a [A]
109	109	governmental body shall prepare and [either] keep for each closed
110	110	meeting of the body:
111	111	(1) a certified agenda [or make a recording] of the
112	112	proceedings of the [each closed] meeting; and
113	113	(2) either:
114	114	(A) a video recording of the meeting; or
115	115	(B) a recording of the meeting if the meeting is a
116	116	telephone conference call meeting authorized by Subchapter F or by
117	117	other law[, except for a private consultation permitted under
118	118	Section 551.071].
119	119	(e) Subsection (a) does not apply to a private consultation
120	120	permitted under Section 551.071.
121	121	SECTION 10. Subchapter E, Chapter 551, Government Code, is
122	122	amended by adding Section 551.1035 to read as follows:
123	123	Sec. 551.1035. CERTIFIED AGENDA OR RECORDING REQUIRED.
124	124	(a) This section applies only to a governmental body to which
125	125	Section 551.0215 applies.
126	126	(b) A governmental body shall either keep a certified agenda
127	127	or make a recording of the proceedings of each closed meeting.
128	128	(c) The presiding officer shall certify that an agenda kept
129	129	under Subsection (b) is a true and correct record of the
130	130	proceedings.
131	131	(d) The certified agenda must include:
132	132	(1) a statement of the subject matter of each
133	133	deliberation;
134	134	(2) a record of any further action taken; and
135	135	(3) an announcement by the presiding officer at the
136	136	beginning and the end of the meeting indicating the date and time.
137	137	(e) A recording made under Subsection (b) must include
138	138	announcements by the presiding officer at the beginning and the end
139	139	of the meeting indicating the date and time.
140	140	(f) Subsection (b) does not apply to a private consultation
141	141	permitted under Section 551.071.
142	142	SECTION 11. Section 551.104, Government Code, is amended to
143	143	read as follows:
144	144	Sec. 551.104. CERTIFIED AGENDA AND [OR] RECORDING;
145	145	PRESERVATION; DISCLOSURE. (a) Except as provided by Subsection
146	146	(b), a [A] governmental body shall permanently preserve the
147	147	certified agenda and [or] recording of a closed meeting.
148	148	(b) A governmental body to which Section 511.1035 applies
149	149	shall preserve the certified agenda or recording of a closed
150	150	meeting for at least two years after the date of the meeting. If an
151	151	action involving the meeting is brought within that period, the
152	152	governmental body shall preserve the certified agenda or recording
153	153	while the action is pending.
154	154	(c) [(b)] In litigation in a district court involving an
155	155	alleged violation of this chapter, the court:
156	156	(1) is entitled to make an in camera inspection of the
157	157	certified agenda and [or] recording;
158	158	(2) may admit all or part of the certified agenda and
159	159	[or] recording as evidence, on entry of a final judgment; and
160	160	(3) may grant legal or equitable relief it considers
161	161	appropriate, including an order that the governmental body make
162	162	available to the public the certified agenda and [or] recording of
163	163	any part of a meeting that was required to be open under this
164	164	chapter.
165	165	(d) [(c)] The certified agenda and [or] recording of a
166	166	closed meeting are [is] available for public inspection and copying
167	167	only under a court order issued under Subsection (c)(3) [(b)(3)].
168	168	SECTION 12. Section 551.121(f), Government Code, is amended
169	169	to read as follows:
170	170	(f) Each part of the telephone conference call meeting that
171	171	is required to be open to the public must be:
172	172	(1) audible to the public at the location specified in
173	173	the notice of the meeting as the location of the meeting; and
174	174	(2) broadcast over the Internet in the manner
175	175	prescribed by Section 551.128[; and
176	176	[(3) recorded and made available to the public in an
177	177	online archive located on the Internet website of the entity
178	178	holding the meeting].
179	179	SECTION 13. Section 551.122(d), Government Code, is amended
180	180	to read as follows:
181	181	(d) Each part of the telephone conference call meeting that
182	182	is required to be open to the public shall be audible to the public
183	183	at the location where the quorum is present [and shall be recorded.
184	184	The recording shall be made available to the public].
185	185	SECTION 14. Section 551.123, Government Code, is amended to
186	186	read as follows:
187	187	Sec. 551.123. TEXAS BOARD OF CRIMINAL JUSTICE. [(a)] The
188	188	Texas Board of Criminal Justice may hold an open or closed emergency
189	189	meeting by telephone conference call.
190	190	[(b) The portion of the telephone conference call meeting
191	191	that is open shall be recorded. The recording shall be made
192	192	available to be heard by the public at one or more places designated
193	193	by the board.]
194	194	SECTION 15. Section 551.126(d), Government Code, is amended
195	195	to read as follows:
196	196	(d) A meeting held by video conference call is subject to
197	197	the notice requirements applicable to other meetings. In addition,
198	198	a meeting held by video conference call shall:
199	199	(1) be visible and audible to the public at the
200	200	location specified in the notice of the meeting as the location of
201	201	the meeting; and
202	202	(2) [be recorded by audio and video; and
203	203	[(3)] have two-way audio and video communications with
204	204	each participant in the meeting during the entire meeting.
205	205	SECTION 16. Section 551.1281(b), Government Code, is
206	206	amended to read as follows:
207	207	(b) The governing board of a general academic teaching
208	208	institution or of a university system that includes one or more
209	209	component general academic teaching institutions, for any
210	210	regularly scheduled meeting of the governing board for which notice
211	211	is required under this chapter, shall:
212	212	(1) post as early as practicable in advance of the
213	213	meeting on the Internet website of the institution or university
214	214	system, as applicable, any written agenda and related supplemental
215	215	written materials provided to the governing board members in
216	216	advance of the meeting by the institution or system for the members'
217	217	use during the meeting; and
218	218	(2) broadcast the meeting, other than any portions of
219	219	the meeting closed to the public as authorized by law, over the
220	220	Internet in the manner prescribed by Section 551.128[; and
221	221	[(3) record the broadcast and make that recording
222	222	publicly available in an online archive located on the
223	223	institution's or university system's Internet website].
224	224	SECTION 17. Section 551.1282(b), Government Code, is
225	225	amended to read as follows:
226	226	(b) A governing board to which this section applies, for any
227	227	regularly scheduled meeting of the governing board for which notice
228	228	is required under this chapter, shall:
229	229	(1) post as early as practicable in advance of the
230	230	meeting on the Internet website of the district any written agenda
231	231	and related supplemental written materials provided by the district
232	232	to the board members for the members' use during the meeting; and
233	233	(2) broadcast the meeting, other than any portions of
234	234	the meeting closed to the public as authorized by law, over the
235	235	Internet in the manner prescribed by Section 551.128[; and
236	236	[(3) record the broadcast and make that recording
237	237	publicly available in an online archive located on the district's
238	238	Internet website].
239	239	SECTION 18. Section 551.130(e), Government Code, is amended
240	240	to read as follows:
241	241	(e) The location where a quorum is physically present must
242	242	be open to the public during the open portions of a telephone
243	243	conference call meeting. The open portions of the meeting must be
244	244	audible to the public at the location where the quorum is present
245	245	[and be recorded at that location. The recording shall be made
246	246	available to the public].
247	247	SECTION 19. Section 551.131(e), Government Code, is amended
248	248	to read as follows:
249	249	(e) A meeting held by video conference call is subject to
250	250	the notice requirements applicable to other meetings. In addition,
251	251	a meeting held by video conference call shall:
252	252	(1) be visible and audible to the public at the
253	253	location specified in the notice of the meeting as the location of
254	254	the meeting; and
255	255	(2) [be recorded by audio and video; and
256	256	[(3)] have two-way audio and video communications with
257	257	each participant in the meeting during the entire meeting.
258	258	SECTION 20. Section 551.142(a), Government Code, is amended
259	259	to read as follows:
260	260	(a) A [An interested] person, including a member of the news
261	261	media, may bring an action by mandamus or injunction to stop,
262	262	prevent, or reverse a violation or threatened violation of this
263	263	chapter [by members of a governmental body].
264	264	SECTION 21. The heading to Section 551.145, Government
265	265	Code, is amended to read as follows:
266	266	Sec. 551.145. CLOSED MEETING WITHOUT CERTIFIED AGENDA OR
267	267	RECORDING; OFFENSE[; PENALTY].
268	268	SECTION 22. Section 551.145(a), Government Code, is amended
269	269	to read as follows:
270	270	(a) A member of a governmental body commits an offense if
271	271	the member participates in a closed meeting of the [governmental]
272	272	body knowing that a certified agenda of the [closed] meeting is not
273	273	being kept or that a recording required by this chapter or other law
274	274	of the [closed] meeting is not being made.
275	275	SECTION 23. Subchapter G, Chapter 551, Government Code, is
276	276	amended by adding Sections 551.147 and 551.148 to read as follows:
277	277	Sec. 551.147. OPEN MEETING WITHOUT RECORDING; OFFENSE. (a)
278	278	A member of a governmental body commits an offense if the member
279	279	participates in an open meeting of the body knowing that a recording
280	280	required by this chapter or other law of the meeting is not being
281	281	made.
282	282	(b) An offense under Subsection (a) is a Class C
283	283	misdemeanor.
284	284	Sec. 551.148. FAILURE TO ARCHIVE RECORDING; OFFENSE. (a) A
285	285	member of a governmental body commits an offense if the member
286	286	knowingly fails to ensure that a recording of an open meeting of the
287	287	body is made available and maintained on the Internet if required,
288	288	and as provided, by this chapter.
289	289	(b) An offense under Subsection (a) is a Class C
290	290	misdemeanor.
291	291	SECTION 24. Section 7.106(b), Education Code, is amended to
292	292	read as follows:
293	293	(b) In a manner that complies with Section 551.128,
294	294	Government Code, the agency shall broadcast over the Internet live
295	295	video and audio of each open meeting held by the board.
296	296	[Subsequently, the agency shall make available through the agency's
297	297	Internet website archived video and audio for each meeting for
298	298	which live video and audio was provided under this subsection.]
299	299	SECTION 25. Section 11.1513(b), Education Code, is amended
300	300	to read as follows:
301	301	(b) The board of trustees may accept or reject the
302	302	superintendent's recommendation regarding the selection of
303	303	district personnel and shall include the board's acceptance or
304	304	rejection in, as applicable, the minutes, recording, or [of the
305	305	board's meeting, as required under Section 551.021, Government
306	306	Code, in the] certified agenda [or tape recording required under
307	307	Section 551.103, Government Code, or in the recording] required
308	308	under Chapter 551 [Section 551.125 or 551.127], Government Code[,
309	309	as applicable]. If the board rejects the superintendent's
310	310	recommendation, the superintendent shall make alternative
311	311	recommendations until the board accepts a recommendation.
312	312	SECTION 26. Section 418.183(f), Government Code, is amended
313	313	to read as follows:
314	314	(f) A governmental body subject to Chapter 551 is not
315	315	required to conduct an open meeting to deliberate information to
316	316	which this section applies. Notwithstanding Section 551.1035, a
317	317	[551.103(a), the] governmental body to which that section applies
318	318	must make a [tape] recording of the proceedings of a closed meeting
319	319	to deliberate the information.
320	320	SECTION 27. Section 116.006(b), Health and Safety Code, is
321	321	amended to read as follows:
322	322	(b) Section 551.125, Government Code, applies to a meeting
323	323	held by conference call under this section, except that Section
324	324	551.125(b), Government Code, does not apply. The council shall
325	325	record each meeting held by conference call and make the recording
326	326	available to the public.
327	327	SECTION 28. Section 370.262(d), Transportation Code, is
328	328	amended to read as follows:
329	329	(d) Each part of the telephone conference call meeting that
330	330	by law must be open to the public shall be audible to the public at
331	331	the location specified in the notice [and shall be tape-recorded or
332	332	documented by written minutes. On conclusion of the meeting, the
333	333	tape recording or the written minutes of the meeting shall be made
334	334	available to the public].
335	335	SECTION 29. Section 8(c), Chapter 1507 (S.B. 456), Acts of
336	336	the 76th Legislature, Regular Session, 1999 (Article 5190.14,
337	337	Vernon's Texas Civil Statutes), is amended to read as follows:
338	338	(c) Chapter 551, Government Code, does not apply to a
339	339	meeting of a subcommittee of the governing body of a local
340	340	organizing committee if:
341	341	(1) the subcommittee consists of not more than five
342	342	members;
343	343	(2) the meeting is not held in a public building;
344	344	(3) the subcommittee makes a tape recording of the
345	345	proceedings of the meeting [in compliance with Section 551.103,
346	346	Government Code,] and the local organizing committee preserves the
347	347	tape recording for two years from the date the recording is made;
348	348	(4) the subcommittee does not discuss or decide any
349	349	financial matters during the meeting; and
350	350	(5) any decision made by the subcommittee will not
351	351	become effective without being reviewed and officially adopted by
352	352	the governing body of the local organizing committee at a meeting
353	353	held in compliance with Chapter 551, Government Code.
354	354	SECTION 30. The changes in law made by this Act apply only
355	355	to a meeting held or a recording required to be made on or after
356	356	September 1, 2017. A meeting held or a recording required to be made
357	357	before the effective date of this Act is governed by the law in
358	358	effect immediately before the effective date of this Act, and the
359	359	former law is continued in effect for that purpose.
360	360	SECTION 31. This Act takes effect September 1, 2017.