85R11386 TJB-D
By: Fallon H.B. No. 3708
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. 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 minutes or make a
recording of each open meeting of the body.
SECTION 3. Subchapter B, Chapter 551, Government Code, is
amended by adding Section 551.0215 to read as follows:
Sec. 551.0215. MINUTES AND RECORDING OF OPEN MEETING
REQUIRED IN CERTAIN POPULOUS COUNTIES. (a) Subject to Subsection
(b), this section applies only to a governmental body located
wholly or partly in:
(1) a county with a population of more than two million
that is adjacent to a county with a population of more than one
million; and
(2) a county with a population of more than 600,000
that is adjacent to a county with a population of more than two
million.
(b) This section does not apply to:
(1) a governmental body described by Section
551.001(3)(A);
(2) a municipal governmental body described by Section
551.001(3)(C) or (D) for a municipality with a population of less
than 25,000 located wholly or partly in a county described by
Subsection (a); or
(3) a school district board of trustees for a school
district with a student enrollment of less than 5,000 located
wholly or partly in a county described by Subsection (a).
(c) A governmental body shall prepare and keep for each open
meeting of the body:
(1) minutes of the 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.
(d) The minutes must:
(1) state the subject of each deliberation; and
(2) indicate each vote, order, decision, or other
action taken.
SECTION 4. 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 applies only 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 5. Section 551.0725(b), Government Code, is amended
to read as follows:
(b) Notwithstanding Section 551.103 [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 6. 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 either keep a certified agenda or make a
recording of the proceedings of each closed meeting[, 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 7. Subchapter E, Chapter 551, Government Code, is
amended by adding Section 551.1035 to read as follows:
Sec. 551.1035. CERTIFIED AGENDA AND RECORDING REQUIRED IN
CERTAIN POPULOUS COUNTIES. (a) This section applies only to a
governmental body to which Section 551.0215 applies.
(b) A governmental body shall prepare and keep for each
closed meeting of the body:
(1) a certified agenda of the proceedings of the
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.
(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 8. 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 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.
(b) A governmental body to which Section 551.1035 applies
shall permanently preserve the certified agenda and recording of a
closed meeting.
(c) 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 9. 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 10. Section 551.145, Government Code, is amended to
read as follows:
Sec. 551.145. CLOSED MEETING WITHOUT CERTIFIED AGENDA OR
RECORDING; OFFENSE[; PENALTY]. (a) A member of a governmental body
to which Section 551.103 applies 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 of the [closed] meeting is not being made.
(b) A member of a governmental body to which Section
551.1035 applies commits an offense if the member participates in a
closed meeting of the body knowing that a certified agenda of the
meeting is not being kept or that a recording required by this
chapter or other law of the meeting is not being made.
(c) An offense under Subsection (a) or (b) is a Class C
misdemeanor.
SECTION 11. 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 12. 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 13. 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 14. This Act takes effect September 1, 2017.