Texas 2017 - 85th Regular

Texas House Bill HB3708 Compare Versions

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

Old	New	Differences
1	1	85R11386 TJB-D
2	2	By: Fallon H.B. No. 3708
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. Section 551.021(a), Government Code, is amended
15	15	to read as follows:
16	16	(a) Except as provided by Section 551.0215, a [A]
17	17	governmental body shall prepare and keep minutes or make a
18	18	recording of each open meeting of the body.
19	19	SECTION 3. Subchapter B, Chapter 551, Government Code, is
20	20	amended by adding Section 551.0215 to read as follows:
21	21	Sec. 551.0215. MINUTES AND RECORDING OF OPEN MEETING
22	22	REQUIRED IN CERTAIN POPULOUS COUNTIES. (a) Subject to Subsection
23	23	(b), this section applies only to a governmental body located
24	24	wholly or partly in:
25	25	(1) a county with a population of more than two million
26	26	that is adjacent to a county with a population of more than one
27	27	million; and
28	28	(2) a county with a population of more than 600,000
29	29	that is adjacent to a county with a population of more than two
30	30	million.
31	31	(b) This section does not apply to:
32	32	(1) a governmental body described by Section
33	33	551.001(3)(A);
34	34	(2) 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 located wholly or partly in a county described by
37	37	Subsection (a); or
38	38	(3) a school district board of trustees for a school
39	39	district with a student enrollment of less than 5,000 located
40	40	wholly or partly in a county described by Subsection (a).
41	41	(c) A governmental body shall prepare and keep for each open
42	42	meeting of the body:
43	43	(1) minutes of the meeting; and
44	44	(2) either:
45	45	(A) a video recording of the meeting; or
46	46	(B) a recording of the meeting if the meeting is a
47	47	telephone conference call meeting authorized by Subchapter F or by
48	48	other law.
49	49	(d) The minutes must:
50	50	(1) state the subject of each deliberation; and
51	51	(2) indicate each vote, order, decision, or other
52	52	action taken.
53	53	SECTION 4. Subchapter B, Chapter 551, Government Code, is
54	54	amended by adding Section 551.024 to read as follows:
55	55	Sec. 551.024. INTERNET ARCHIVE OF RECORDINGS. (a) This
56	56	section applies only to a governmental body to which Section
57	57	551.0215 applies.
58	58	(b) Except as provided by Subsection (c), a governmental
59	59	body shall archive and make available on the Internet website of the
60	60	body or the governmental entity to which the body belongs each
61	61	recording of an open meeting required to be recorded under this
62	62	chapter or other law.
63	63	(c) If neither the governmental body nor the governmental
64	64	entity to which the body belongs maintains an Internet website, the
65	65	body shall archive and make available on an existing Internet
66	66	website, including a publicly accessible video-sharing or social
67	67	networking site, each recording described by Subsection (b). The
68	68	archived recordings must be easily found by searching the name of
69	69	the body on the Internet.
70	70	(d) A governmental body must archive and make a recording
71	71	described by this section available on the applicable Internet
72	72	website not later than the second business day after the date the
73	73	meeting is held. A governmental body may not remove a recording
74	74	from an Internet website once the recording is made available to the
75	75	public.
76	76	(e) A governmental body is exempt from the requirements of
77	77	this section to the extent a catastrophe, as defined by Section
78	78	551.0411, or a technical breakdown prevents the body from complying
79	79	with this section. Following the catastrophe or technical
80	80	breakdown, the governmental body shall make all reasonable efforts
81	81	to make the required recording of the open meeting available in a
82	82	timely manner.
83	83	SECTION 5. Section 551.0725(b), Government Code, is amended
84	84	to read as follows:
85	85	(b) Notwithstanding Section 551.103 [551.103(a),
86	86	Government Code], the commissioners court of a county to which that
87	87	section applies must make a recording of the proceedings of a closed
88	88	meeting to deliberate the information.
89	89	SECTION 6. Section 551.103, Government Code, is amended by
90	90	amending Subsection (a) and adding Subsection (e) to read as
91	91	follows:
92	92	(a) Except as provided by Section 551.1035, a [A]
93	93	governmental body shall either keep a certified agenda or make a
94	94	recording of the proceedings of each closed meeting[, except for a
95	95	private consultation permitted under Section 551.071].
96	96	(e) Subsection (a) does not apply to a private consultation
97	97	permitted under Section 551.071.
98	98	SECTION 7. Subchapter E, Chapter 551, Government Code, is
99	99	amended by adding Section 551.1035 to read as follows:
100	100	Sec. 551.1035. CERTIFIED AGENDA AND RECORDING REQUIRED IN
101	101	CERTAIN POPULOUS COUNTIES. (a) This section applies only to a
102	102	governmental body to which Section 551.0215 applies.
103	103	(b) A governmental body shall prepare and keep for each
104	104	closed meeting of the body:
105	105	(1) a certified agenda of the proceedings of the
106	106	meeting; and
107	107	(2) either:
108	108	(A) a video recording of the meeting; or
109	109	(B) a recording of the meeting if the meeting is a
110	110	telephone conference call meeting authorized by Subchapter F or by
111	111	other law.
112	112	(c) The presiding officer shall certify that an agenda kept
113	113	under Subsection (b) is a true and correct record of the
114	114	proceedings.
115	115	(d) The certified agenda must include:
116	116	(1) a statement of the subject matter of each
117	117	deliberation;
118	118	(2) a record of any further action taken; and
119	119	(3) an announcement by the presiding officer at the
120	120	beginning and the end of the meeting indicating the date and time.
121	121	(e) A recording made under Subsection (b) must include
122	122	announcements by the presiding officer at the beginning and the end
123	123	of the meeting indicating the date and time.
124	124	(f) Subsection (b) does not apply to a private consultation
125	125	permitted under Section 551.071.
126	126	SECTION 8. Section 551.104, Government Code, is amended to
127	127	read as follows:
128	128	Sec. 551.104. CERTIFIED AGENDA AND [OR] RECORDING;
129	129	PRESERVATION; DISCLOSURE. (a) Except as provided by Subsection
130	130	(b), a [A] governmental body shall preserve the certified agenda or
131	131	recording of a closed meeting for at least two years after the date
132	132	of the meeting. If an action involving the meeting is brought
133	133	within that period, the governmental body shall preserve the
134	134	certified agenda or recording while the action is pending.
135	135	(b) A governmental body to which Section 551.1035 applies
136	136	shall permanently preserve the certified agenda and recording of a
137	137	closed meeting.
138	138	(c) In litigation in a district court involving an alleged
139	139	violation of this chapter, the court:
140	140	(1) is entitled to make an in camera inspection of the
141	141	certified agenda and [or] recording;
142	142	(2) may admit all or part of the certified agenda and
143	143	[or] recording as evidence, on entry of a final judgment; and
144	144	(3) may grant legal or equitable relief it considers
145	145	appropriate, including an order that the governmental body make
146	146	available to the public the certified agenda and [or] recording of
147	147	any part of a meeting that was required to be open under this
148	148	chapter.
149	149	(d) [(c)] The certified agenda and [or] recording of a
150	150	closed meeting are [is] available for public inspection and copying
151	151	only under a court order issued under Subsection (c)(3) [(b)(3)].
152	152	SECTION 9. Section 551.142(a), Government Code, is amended
153	153	to read as follows:
154	154	(a) A [An interested] person, including a member of the news
155	155	media, may bring an action by mandamus or injunction to stop,
156	156	prevent, or reverse a violation or threatened violation of this
157	157	chapter [by members of a governmental body].
158	158	SECTION 10. Section 551.145, Government Code, is amended to
159	159	read as follows:
160	160	Sec. 551.145. CLOSED MEETING WITHOUT CERTIFIED AGENDA OR
161	161	RECORDING; OFFENSE[; PENALTY]. (a) A member of a governmental body
162	162	to which Section 551.103 applies commits an offense if the member
163	163	participates in a closed meeting of the [governmental] body knowing
164	164	that a certified agenda of the [closed] meeting is not being kept or
165	165	that a recording of the [closed] meeting is not being made.
166	166	(b) A member of a governmental body to which Section
167	167	551.1035 applies commits an offense if the member participates in a
168	168	closed meeting of the body knowing that a certified agenda of the
169	169	meeting is not being kept or that a recording required by this
170	170	chapter or other law of the meeting is not being made.
171	171	(c) An offense under Subsection (a) or (b) is a Class C
172	172	misdemeanor.
173	173	SECTION 11. Subchapter G, Chapter 551, Government Code, is
174	174	amended by adding Sections 551.147 and 551.148 to read as follows:
175	175	Sec. 551.147. OPEN MEETING WITHOUT RECORDING; OFFENSE. (a)
176	176	A member of a governmental body commits an offense if the member
177	177	participates in an open meeting of the body knowing that a recording
178	178	required by this chapter or other law of the meeting is not being
179	179	made.
180	180	(b) An offense under Subsection (a) is a Class C
181	181	misdemeanor.
182	182	Sec. 551.148. FAILURE TO ARCHIVE RECORDING; OFFENSE. (a) A
183	183	member of a governmental body commits an offense if the member
184	184	knowingly fails to ensure that a recording of an open meeting of the
185	185	body is made available and maintained on the Internet if required,
186	186	and as provided, by this chapter.
187	187	(b) An offense under Subsection (a) is a Class C
188	188	misdemeanor.
189	189	SECTION 12. Section 11.1513(b), Education Code, is amended
190	190	to read as follows:
191	191	(b) The board of trustees may accept or reject the
192	192	superintendent's recommendation regarding the selection of
193	193	district personnel and shall include the board's acceptance or
194	194	rejection in, as applicable, the minutes, recording, or [of the
195	195	board's meeting, as required under Section 551.021, Government
196	196	Code, in the] certified agenda [or tape recording required under
197	197	Section 551.103, Government Code, or in the recording] required
198	198	under Chapter 551 [Section 551.125 or 551.127], Government Code[,
199	199	as applicable]. If the board rejects the superintendent's
200	200	recommendation, the superintendent shall make alternative
201	201	recommendations until the board accepts a recommendation.
202	202	SECTION 13. The changes in law made by this Act apply only
203	203	to a meeting held or a recording required to be made on or after
204	204	September 1, 2017. A meeting held or a recording required to be
205	205	made before the effective date of this Act is governed by the law in
206	206	effect immediately before the effective date of this Act, and the
207	207	former law is continued in effect for that purpose.
208	208	SECTION 14. This Act takes effect September 1, 2017.