Texas 2019 - 86th Regular

Texas House Bill HB3752 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R20458~~ TJB-D
	1	+	86R3523 TJB-D
2	2		By: Walle H.B. No. 3752
3		-	Substitute the following for H.B. No. 3752:
4		-	By: Guerra C.S.H.B. No. 3752
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to certain procedures applicable to meetings under the
10	8		open meetings law and the disclosure of public information under
11	9		the public information law in the event of an emergency, urgent
12	10		public necessity, or catastrophic event.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Section 551.045, Government Code, is amended by
15	13		amending Subsections (a), (b), and (e) and adding Subsection (a-1)
16	14		to read as follows:
17	15		(a) In an emergency or when there is an urgent public
18	16		necessity, the notice of a meeting to deliberate or take action on
19	17		the emergency or urgent public necessity, or the supplemental
20	18		notice to add the deliberation or taking of action on the emergency
21	19		or urgent public necessity as an item to the agenda [of a subject
22	20		added as an item to the agenda] for a meeting for which notice has
23	21		been posted in accordance with this subchapter, is sufficient if
24	22		the notice or supplemental notice [it] is posted for at least one
25	23		hour [two hours] before the meeting is convened.
26	24		(a-1) A governmental body may not deliberate or take action
27	25		on a matter at a meeting for which notice or supplemental notice is
28	26		posted under Subsection (a) other than:
29	27		(1) a matter directly related to responding to the
30	28		emergency or urgent public necessity identified in the notice or
31	29		supplemental notice of the meeting as provided by Subsection (c);
32	30		or
33	31		(2) an agenda item listed on a notice of the meeting
34	32		before the supplemental notice was posted.
35	33		(b) An emergency or an urgent public necessity exists only
36	34		if immediate action is required of a governmental body because of:
37	35		(1) an imminent threat to public health and safety,
38	36		including a threat described by Subdivision (2) if imminent; or
39	37		(2) a reasonably unforeseeable situation, including:
40	38		(A) fire, flood, earthquake, hurricane, tornado,
41	39		or wind, rain, or snow storm;
42	40		(B) power failure, transportation failure, or
43	41		interruption of communication facilities;
44	42		(C) epidemic; or
45	43		(D) riot, civil disturbance, enemy attack, or
46	44		other actual or threatened act of lawlessness or violence.
47	45		(e) For purposes of Subsection (b)(2), the sudden
48	46		relocation of a large number of residents from the area of a
49	47		declared disaster to a governmental body's jurisdiction is
50	48		considered a reasonably unforeseeable situation for a reasonable
51	49		period immediately following the relocation. [Notice of an
52	50		emergency meeting or supplemental notice of an emergency item added
53	51		to the agenda of a meeting to address a situation described by this
54	52		subsection must be given to members of the news media as provided by
55	53		Section 551.047 not later than one hour before the meeting.]
56	54		SECTION 2. Section 551.047(c), Government Code, is amended
57	55		to read as follows:
58	56		(c) The presiding officer or member shall give the notice by
59	57		telephone, facsimile transmission, or electronic mail at least one
60	58		hour before the meeting is convened.
61	59		SECTION 3. Section 551.142, Government Code, is amended by
62	60		adding Subsections (c) and (d) to read as follows:
63	61		(c) The attorney general may bring an action by mandamus or
64	62		injunction to stop, prevent, or reverse a violation or threatened
65	63		violation of Section 551.045(a-1) by members of a governmental
66	64		body.
67	65		(d) A suit filed by the attorney general under Subsection
68	66		(c) must be filed in a district court of Travis County.
69		-	SECTION 4. Subchapter E, Chapter 552, Government Code, is
	67	+	SECTION 4. Section 551.143, Government Code, is amended by
	68	+	adding Subsection (c) to read as follows:
	69	+	(c) It is an affirmative defense to prosecution under
	70	+	Subsection (a) that the member or group of members met in numbers
	71	+	less than a quorum to deliberate or take action on a matter directly
	72	+	related to responding to an emergency or urgent public necessity
	73	+	under Section 551.045.
	74	+	SECTION 5. Subchapter E, Chapter 552, Government Code, is
70	75		amended by adding Section 552.233 to read as follows:
71	76		Sec. 552.233. TEMPORARY SUSPENSION OF REQUIREMENTS FOR
72	77		GOVERNMENTAL BODY IMPACTED BY CATASTROPHE. (a) In this section:
73	78		(1) "Catastrophe" means a condition or occurrence that
74	79		interferes with the ability of a governmental body to comply with
75		-	the requirements of this chapter, including:
	80	+	the requirements of this chapter, including;
76	81		(A) fire, flood, earthquake, hurricane, tornado,
77	82		or wind, rain, or snow storm;
78	83		(B) power failure, transportation failure, or
79	84		interruption of communication facilities;
80	85		(C) epidemic; or
81	86		(D) riot, civil disturbance, enemy attack, or
82	87		other actual or threatened act of lawlessness or violence.
83	88		(2) "Suspension period" means the period of time
84	89		during which a governmental body may suspend the applicability of
85	90		the requirements of this chapter to the governmental body under
86	91		this section.
87	92		(b) The requirements of this chapter do not apply to a
88	93		governmental body during the suspension period determined by the
89	94		governmental body under Subsections (d) and (e) if the governmental
90	95		body:
91		-	(1) is currently impacted by a catastrophe; and
	96	+	(1) adopts a resolution finding that the governmental
	97	+	body is currently impacted by a catastrophe; and
92	98		(2) complies with the requirements of this section.
93	99		(c) A governmental body that elects to suspend the
94	100		applicability of the requirements of this chapter to the
95	101		governmental body must submit notice to the office of the attorney
96	102		general that the governmental body is currently impacted by a
97	103		catastrophe and has elected to suspend the applicability of those
98	104		requirements during the initial suspension period determined under
99	105		Subsection (d). The notice must be on the form prescribed by the
100	106		office of the attorney general under Subsection (j).
101	107		(d) A governmental body may suspend the applicability of the
102	108		requirements of this chapter to the governmental body for an
103	109		initial suspension period. The initial suspension period may not
104	110		exceed seven consecutive days and must occur during the period
105	111		that:
106	112		(1) begins not earlier than the second day before the
107	113		date the governmental body submits notice to the office of the
108	114		attorney general under Subsection (c); and
109	115		(2) ends not later than the seventh day after the date
110	116		the governmental body submits that notice.
111	117		(e) A governmental body may extend an initial suspension
112	118		period if the governing body determines that the governing body is
113	119		still impacted by the catastrophe on which the initial suspension
114	120		period was based. The initial suspension period may be extended one
115	121		time for not more than seven consecutive days that begin on the day
116	122		following the day the initial suspension period ends. The
117	123		governing body must submit notice of the extension to the office of
118	124		the attorney general on the form prescribed by the office under
119	125		Subsection (j).
120	126		(f) A governmental body that suspends the applicability of
121	127		the requirements of this chapter to the governmental body under
122	128		this section must provide notice to the public of the suspension in
123	129		a place readily accessible to the public and in each other location
124	130		the governmental body is required to post a notice under Subchapter
125	131		C, Chapter 551. The governmental body must maintain the notice of
126	132		the suspension during the suspension period.
127	133		(g) Notwithstanding another provision of this chapter, a
128	134		request for public information received by a governmental body
129	135		during a suspension period determined by the governmental body is
130	136		considered to have been received by the governmental body on the
131	137		first business day after the date the suspension period ends.
132	138		(h) The requirements of this chapter related to a request
133	139		for public information received by a governmental body before the
134	140		date an initial suspension period determined by the governmental
135	141		body begins are tolled until the first business day after the date
136	142		the suspension period ends.
137	143		(i) The office of the attorney general shall continuously
138	144		post on the Internet website of the office each notice submitted to
139	145		the office under this section from the date the office receives the
140	146		notice until the first anniversary of that date.
141	147		(j) The office of the attorney general shall prescribe the
142	148		form of the notice that a governmental body must submit to the
143	149		office under Subsections (c) and (e). The notice must require the
144	150		governmental body to:
145		-	(1) identify and describe the catastrophe that the
146		-	governmental body is currently impacted by;
147		-	(2) state the date the initial suspension period
	151	+	(1) provide a copy of the resolution described by
	152	+	Subsection (b)(1);
	153	+	(2) identify and describe the catastrophe that is the
	154	+	subject of that resolution;
	155	+	(3) state the date the initial suspension period
148	156		determined by the governmental body under Subsection (d) begins and
149	157		the date that period ends;
150		-	(3) if the governmental body has determined to extend
	158	+	(4) if the governmental body has determined to extend
151	159		the initial suspension period under Subsection (e):
152	160		(A) state that the governmental body continues to
153		-	be impacted by the catastrophe identified in Subdivision (1); and
	161	+	be impacted by the catastrophe identified in Subdivision (2); and
154	162		(B) state the date the extension to the initial
155	163		suspension period begins and the date the period ends; and
156		-	(4) provide any other information the office of the
	164	+	(5) provide any other information the office of the
157	165		attorney general determines necessary.
158		-	SECTION 5. As soon as practicable after this Act becomes law
159		-	as provided by Section 2001.006, Government Code, the office of the
	166	+	SECTION 6. Not later than August 1, 2019, the office of the
160	167		attorney general shall prescribe the form of the notice required by
161	168		Section 552.233(j), Government Code, as added by this Act.
162		-	SECTION 6. Sections 551.045 and 551.047, Government Code,
	169	+	SECTION 7. Sections 551.045 and 551.047, Government Code,
163	170		as amended by this Act, apply only to a meeting held on or after the
164	171		effective date of this Act. A meeting held before the effective
165	172		date of this Act is governed by the law in effect immediately before
166	173		the effective date of this Act, and the former law is continued in
167	174		effect for that purpose.
168		-	SECTION 7. This Act takes effect September 1, 2019.
	175	+	SECTION 8. This Act takes effect September 1, 2019.