85R11352 TJB-D
By: Fallon H.B. No. 3203
A BILL TO BE ENTITLED
AN ACT
relating to recordings of meetings of certain governmental bodies;
creating offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.001, Government Code, is amended by
adding Subdivision (9) to read as follows:
(9) "Video recording" means a recording of reasonable
quality on which a combination of audio and video is recorded.
SECTION 2. The heading to Section 551.021, Government Code,
is amended to read as follows:
Sec. 551.021. MINUTES AND [OR] RECORDING OF OPEN MEETING
REQUIRED.
SECTION 3. Section 551.021(a), Government Code, is amended
to read as follows:
(a) Except as provided by Section 551.0215, a [A]
governmental body shall prepare and keep for each open meeting of
the body:
(1) minutes [or make a recording] of the [each open]
meeting; and
(2) either:
(A) a video recording of the meeting; or
(B) a recording of the meeting if the meeting is a
telephone conference call meeting authorized by Subchapter F or by
other law [of the body].
SECTION 4. Subchapter B, Chapter 551, Government Code, is
amended by adding Section 551.0215 to read as follows:
Sec. 551.0215. MINUTES OR RECORDING OF OPEN MEETING
REQUIRED. (a) This section applies only to:
(1) a municipal governmental body described by Section
551.001(3)(C) or (D) for a municipality with a population of less
than 25,000;
(2) a county governmental body described by Section
551.001(3)(B), (D), (F), or (G) for a county with a population of
less than 100,000; and
(3) a school district board of trustees for a school
district with a student enrollment of less than 5,000.
(b) A governmental body shall prepare and keep minutes or
make a recording of each open meeting of the body.
(c) The minutes must:
(1) state the subject of each deliberation; and
(2) indicate each vote, order, decision, or other
action taken.
SECTION 5. Subchapter B, Chapter 551, Government Code, is
amended by adding Section 551.024 to read as follows:
Sec. 551.024. INTERNET ARCHIVE OF RECORDINGS. (a) This
section does not apply to a governmental body to which Section
551.0215 applies.
(b) Except as provided by Subsection (c), a governmental
body shall archive and make available on the Internet website of the
body or the governmental entity to which the body belongs each
recording of an open meeting required to be recorded under this
chapter or other law.
(c) If neither the governmental body nor the governmental
entity to which the body belongs maintains an Internet website, the
body shall archive and make available on an existing Internet
website, including a publicly accessible video-sharing or social
networking site, each recording described by Subsection (b). The
archived recordings must be easily found by searching the name of
the body on the Internet.
(d) A governmental body must archive and make a recording
described by this section available on the applicable Internet
website not later than the second business day after the date the
meeting is held. A governmental body may not remove a recording from
an Internet website once the recording is made available to the
public.
(e) A governmental body is exempt from the requirements of
this section to the extent a catastrophe, as defined by Section
551.0411, or a technical breakdown prevents the body from complying
with this section. Following the catastrophe or technical
breakdown, the governmental body shall make all reasonable efforts
to make the required recording of the open meeting available in a
timely manner.
SECTION 6. Section 551.0725(b), Government Code, is amended
to read as follows:
(b) Notwithstanding Section 551.1035 [551.103(a),
Government Code], the commissioners court of a county to which that
section applies must make a recording of the proceedings of a closed
meeting to deliberate the information.
SECTION 7. Section 551.0726, Government Code, is amended to
read as follows:
Sec. 551.0726. TEXAS FACILITIES COMMISSION: DELIBERATION
REGARDING CONTRACT BEING NEGOTIATED; CLOSED MEETING. [(a)] The
Texas Facilities Commission may conduct a closed meeting to
deliberate business and financial issues relating to a contract
being negotiated if, before conducting the closed meeting:
(1) the commission votes unanimously that
deliberation in an open meeting would have a detrimental effect on
the position of the state in negotiations with a third person; and
(2) the attorney advising the commission issues a
written determination finding that deliberation in an open meeting
would have a detrimental effect on the position of the state in
negotiations with a third person and setting forth that finding
therein.
[(b) Notwithstanding Section 551.103(a), the commission
must make a recording of the proceedings of a closed meeting held
under this section.]
SECTION 8. The heading to Section 551.103, Government Code,
is amended to read as follows:
Sec. 551.103. CERTIFIED AGENDA AND [OR] RECORDING REQUIRED.
SECTION 9. Section 551.103, Government Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) Except as provided by Section 551.1035, a [A]
governmental body shall prepare and [either] keep for each closed
meeting of the body:
(1) a certified agenda [or make a recording] of the
proceedings of the [each closed] meeting; and
(2) either:
(A) a video recording of the meeting; or
(B) a recording of the meeting if the meeting is a
telephone conference call meeting authorized by Subchapter F or by
other law[, except for a private consultation permitted under
Section 551.071].
(e) Subsection (a) does not apply to a private consultation
permitted under Section 551.071.
SECTION 10. Subchapter E, Chapter 551, Government Code, is
amended by adding Section 551.1035 to read as follows:
Sec. 551.1035. CERTIFIED AGENDA OR RECORDING REQUIRED.
(a) This section applies only to a governmental body to which
Section 551.0215 applies.
(b) A governmental body shall either keep a certified agenda
or make a recording of the proceedings of each closed meeting.
(c) The presiding officer shall certify that an agenda kept
under Subsection (b) is a true and correct record of the
proceedings.
(d) The certified agenda must include:
(1) a statement of the subject matter of each
deliberation;
(2) a record of any further action taken; and
(3) an announcement by the presiding officer at the
beginning and the end of the meeting indicating the date and time.
(e) A recording made under Subsection (b) must include
announcements by the presiding officer at the beginning and the end
of the meeting indicating the date and time.
(f) Subsection (b) does not apply to a private consultation
permitted under Section 551.071.
SECTION 11. Section 551.104, Government Code, is amended to
read as follows:
Sec. 551.104. CERTIFIED AGENDA AND [OR] RECORDING;
PRESERVATION; DISCLOSURE. (a) Except as provided by Subsection
(b), a [A] governmental body shall permanently preserve the
certified agenda and [or] recording of a closed meeting.
(b) A governmental body to which Section 511.1035 applies
shall preserve the certified agenda or recording of a closed
meeting for at least two years after the date of the meeting. If an
action involving the meeting is brought within that period, the
governmental body shall preserve the certified agenda or recording
while the action is pending.
(c) [(b)] In litigation in a district court involving an
alleged violation of this chapter, the court:
(1) is entitled to make an in camera inspection of the
certified agenda and [or] recording;
(2) may admit all or part of the certified agenda and
[or] recording as evidence, on entry of a final judgment; and
(3) may grant legal or equitable relief it considers
appropriate, including an order that the governmental body make
available to the public the certified agenda and [or] recording of
any part of a meeting that was required to be open under this
chapter.
(d) [(c)] The certified agenda and [or] recording of a
closed meeting are [is] available for public inspection and copying
only under a court order issued under Subsection (c)(3) [(b)(3)].
SECTION 12. Section 551.121(f), Government Code, is amended
to read as follows:
(f) Each part of the telephone conference call meeting that
is required to be open to the public must be:
(1) audible to the public at the location specified in
the notice of the meeting as the location of the meeting; and
(2) broadcast over the Internet in the manner
prescribed by Section 551.128[; and
[(3) recorded and made available to the public in an
online archive located on the Internet website of the entity
holding the meeting].
SECTION 13. Section 551.122(d), Government Code, is amended
to read as follows:
(d) Each part of the telephone conference call meeting that
is required to be open to the public shall be audible to the public
at the location where the quorum is present [and shall be recorded.
The recording shall be made available to the public].
SECTION 14. Section 551.123, Government Code, is amended to
read as follows:
Sec. 551.123. TEXAS BOARD OF CRIMINAL JUSTICE. [(a)] The
Texas Board of Criminal Justice may hold an open or closed emergency
meeting by telephone conference call.
[(b) The portion of the telephone conference call meeting
that is open shall be recorded. The recording shall be made
available to be heard by the public at one or more places designated
by the board.]
SECTION 15. Section 551.126(d), Government Code, is amended
to read as follows:
(d) A meeting held by video conference call is subject to
the notice requirements applicable to other meetings. In addition,
a meeting held by video conference call shall:
(1) be visible and audible to the public at the
location specified in the notice of the meeting as the location of
the meeting; and
(2) [be recorded by audio and video; and
[(3)] have two-way audio and video communications with
each participant in the meeting during the entire meeting.
SECTION 16. Section 551.1281(b), Government Code, is
amended to read as follows:
(b) The governing board of a general academic teaching
institution or of a university system that includes one or more
component general academic teaching institutions, for any
regularly scheduled meeting of the governing board for which notice
is required under this chapter, shall:
(1) post as early as practicable in advance of the
meeting on the Internet website of the institution or university
system, as applicable, any written agenda and related supplemental
written materials provided to the governing board members in
advance of the meeting by the institution or system for the members'
use during the meeting; and
(2) broadcast the meeting, other than any portions of
the meeting closed to the public as authorized by law, over the
Internet in the manner prescribed by Section 551.128[; and
[(3) record the broadcast and make that recording
publicly available in an online archive located on the
institution's or university system's Internet website].
SECTION 17. Section 551.1282(b), Government Code, is
amended to read as follows:
(b) A governing board to which this section applies, for any
regularly scheduled meeting of the governing board for which notice
is required under this chapter, shall:
(1) post as early as practicable in advance of the
meeting on the Internet website of the district any written agenda
and related supplemental written materials provided by the district
to the board members for the members' use during the meeting; and
(2) broadcast the meeting, other than any portions of
the meeting closed to the public as authorized by law, over the
Internet in the manner prescribed by Section 551.128[; and
[(3) record the broadcast and make that recording
publicly available in an online archive located on the district's
Internet website].
SECTION 18. Section 551.130(e), Government Code, is amended
to read as follows:
(e) The location where a quorum is physically present must
be open to the public during the open portions of a telephone
conference call meeting. The open portions of the meeting must be
audible to the public at the location where the quorum is present
[and be recorded at that location. The recording shall be made
available to the public].
SECTION 19. Section 551.131(e), Government Code, is amended
to read as follows:
(e) A meeting held by video conference call is subject to
the notice requirements applicable to other meetings. In addition,
a meeting held by video conference call shall:
(1) be visible and audible to the public at the
location specified in the notice of the meeting as the location of
the meeting; and
(2) [be recorded by audio and video; and
[(3)] have two-way audio and video communications with
each participant in the meeting during the entire meeting.
SECTION 20. Section 551.142(a), Government Code, is amended
to read as follows:
(a) A [An interested] person, including a member of the news
media, may bring an action by mandamus or injunction to stop,
prevent, or reverse a violation or threatened violation of this
chapter [by members of a governmental body].
SECTION 21. The heading to Section 551.145, Government
Code, is amended to read as follows:
Sec. 551.145. CLOSED MEETING WITHOUT CERTIFIED AGENDA OR
RECORDING; OFFENSE[; PENALTY].
SECTION 22. Section 551.145(a), Government Code, is amended
to read as follows:
(a) A member of a governmental body commits an offense if
the member participates in a closed meeting of the [governmental]
body knowing that a certified agenda of the [closed] meeting is not
being kept or that a recording required by this chapter or other law
of the [closed] meeting is not being made.
SECTION 23. Subchapter G, Chapter 551, Government Code, is
amended by adding Sections 551.147 and 551.148 to read as follows:
Sec. 551.147. OPEN MEETING WITHOUT RECORDING; OFFENSE. (a)
A member of a governmental body commits an offense if the member
participates in an open meeting of the body knowing that a recording
required by this chapter or other law of the meeting is not being
made.
(b) An offense under Subsection (a) is a Class C
misdemeanor.
Sec. 551.148. FAILURE TO ARCHIVE RECORDING; OFFENSE. (a) A
member of a governmental body commits an offense if the member
knowingly fails to ensure that a recording of an open meeting of the
body is made available and maintained on the Internet if required,
and as provided, by this chapter.
(b) An offense under Subsection (a) is a Class C
misdemeanor.
SECTION 24. Section 7.106(b), Education Code, is amended to
read as follows:
(b) In a manner that complies with Section 551.128,
Government Code, the agency shall broadcast over the Internet live
video and audio of each open meeting held by the board.
[Subsequently, the agency shall make available through the agency's
Internet website archived video and audio for each meeting for
which live video and audio was provided under this subsection.]
SECTION 25. Section 11.1513(b), Education Code, is amended
to read as follows:
(b) The board of trustees may accept or reject the
superintendent's recommendation regarding the selection of
district personnel and shall include the board's acceptance or
rejection in, as applicable, the minutes, recording, or [of the
board's meeting, as required under Section 551.021, Government
Code, in the] certified agenda [or tape recording required under
Section 551.103, Government Code, or in the recording] required
under Chapter 551 [Section 551.125 or 551.127], Government Code[,
as applicable]. If the board rejects the superintendent's
recommendation, the superintendent shall make alternative
recommendations until the board accepts a recommendation.
SECTION 26. Section 418.183(f), Government Code, is amended
to read as follows:
(f) A governmental body subject to Chapter 551 is not
required to conduct an open meeting to deliberate information to
which this section applies. Notwithstanding Section 551.1035, a
[551.103(a), the] governmental body to which that section applies
must make a [tape] recording of the proceedings of a closed meeting
to deliberate the information.
SECTION 27. Section 116.006(b), Health and Safety Code, is
amended to read as follows:
(b) Section 551.125, Government Code, applies to a meeting
held by conference call under this section, except that Section
551.125(b), Government Code, does not apply. The council shall
record each meeting held by conference call and make the recording
available to the public.
SECTION 28. Section 370.262(d), Transportation Code, is
amended to read as follows:
(d) Each part of the telephone conference call meeting that
by law must be open to the public shall be audible to the public at
the location specified in the notice [and shall be tape-recorded or
documented by written minutes. On conclusion of the meeting, the
tape recording or the written minutes of the meeting shall be made
available to the public].
SECTION 29. Section 8(c), Chapter 1507 (S.B. 456), Acts of
the 76th Legislature, Regular Session, 1999 (Article 5190.14,
Vernon's Texas Civil Statutes), is amended to read as follows:
(c) Chapter 551, Government Code, does not apply to a
meeting of a subcommittee of the governing body of a local
organizing committee if:
(1) the subcommittee consists of not more than five
members;
(2) the meeting is not held in a public building;
(3) the subcommittee makes a tape recording of the
proceedings of the meeting [in compliance with Section 551.103,
Government Code,] and the local organizing committee preserves the
tape recording for two years from the date the recording is made;
(4) the subcommittee does not discuss or decide any
financial matters during the meeting; and
(5) any decision made by the subcommittee will not
become effective without being reviewed and officially adopted by
the governing body of the local organizing committee at a meeting
held in compliance with Chapter 551, Government Code.
SECTION 30. The changes in law made by this Act apply only
to a meeting held or a recording required to be made on or after
September 1, 2017. A meeting held or a recording required to be made
before the effective date of this Act is governed by the law in
effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
SECTION 31. This Act takes effect September 1, 2017.