Texas 2019 - 86th Regular

Texas Senate Bill SB494 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 494
	1	+	By: Huffman, et al. S.B. No. 494
	2	+	(Walle)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to certain procedures applicable to meetings under the
6	8		open meetings law and the disclosure of public information under
7	9		the public information law in the event of an emergency, urgent
8	10		public necessity, or catastrophic event.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 551.045, Government Code, is amended by
11	13		amending Subsections (a), (b), and (e) and adding Subsection (a-1)
12	14		to read as follows:
13	15		(a) In an emergency or when there is an urgent public
14	16		necessity, the notice of a meeting to deliberate or take action on
15	17		the emergency or urgent public necessity, or the supplemental
16	18		notice to add the deliberation or taking of action on the emergency
17	19		or urgent public necessity as an item to the agenda [of a subject
18	20		added as an item to the agenda] for a meeting for which notice has
19	21		been posted in accordance with this subchapter, is sufficient if
20	22		the notice or supplemental notice [it] is posted for at least one
21	23		hour [two hours] before the meeting is convened.
22	24		(a-1) A governmental body may not deliberate or take action
23	25		on a matter at a meeting for which notice or supplemental notice is
24	26		posted under Subsection (a) other than:
25	27		(1) a matter directly related to responding to the
26	28		emergency or urgent public necessity identified in the notice or
27	29		supplemental notice of the meeting as provided by Subsection (c);
28	30		or
29	31		(2) an agenda item listed on a notice of the meeting
30	32		before the supplemental notice was posted.
31	33		(b) An emergency or an urgent public necessity exists only
32	34		if immediate action is required of a governmental body because of:
33	35		(1) an imminent threat to public health and safety,
34	36		including a threat described by Subdivision (2) if imminent; or
35	37		(2) a reasonably unforeseeable situation, including:
36	38		(A) fire, flood, earthquake, hurricane, tornado,
37	39		or wind, rain, or snow storm;
38	40		(B) power failure, transportation failure, or
39	41		interruption of communication facilities;
40	42		(C) epidemic; or
41	43		(D) riot, civil disturbance, enemy attack, or
42	44		other actual or threatened act of lawlessness or violence.
43	45		(e) For purposes of Subsection (b)(2), the sudden
44	46		relocation of a large number of residents from the area of a
45	47		declared disaster to a governmental body's jurisdiction is
46	48		considered a reasonably unforeseeable situation for a reasonable
47	49		period immediately following the relocation. [Notice of an
48	50		emergency meeting or supplemental notice of an emergency item added
49	51		to the agenda of a meeting to address a situation described by this
50	52		subsection must be given to members of the news media as provided by
51	53		Section 551.047 not later than one hour before the meeting.]
52	54		SECTION 2. Section 551.047(c), Government Code, is amended
53	55		to read as follows:
54	56		(c) The presiding officer or member shall give the notice by
55	57		telephone, facsimile transmission, or electronic mail at least one
56	58		hour before the meeting is convened.
57	59		SECTION 3. Section 551.142, Government Code, is amended by
58	60		adding Subsections (c) and (d) to read as follows:
59	61		(c) The attorney general may bring an action by mandamus or
60	62		injunction to stop, prevent, or reverse a violation or threatened
61	63		violation of Section 551.045(a-1) by members of a governmental
62	64		body.
63	65		(d) A suit filed by the attorney general under Subsection
64	66		(c) must be filed in a district court of Travis County.
65	67		SECTION 4. Subchapter E, Chapter 552, Government Code, is
66	68		amended by adding Section 552.233 to read as follows:
67	69		Sec. 552.233. TEMPORARY SUSPENSION OF REQUIREMENTS FOR
68	70		GOVERNMENTAL BODY IMPACTED BY CATASTROPHE. (a) In this section:
69	71		(1) "Catastrophe" means a condition or occurrence that
70	72		interferes with the ability of a governmental body to comply with
71	73		the requirements of this chapter, including:
72	74		(A) fire, flood, earthquake, hurricane, tornado,
73	75		or wind, rain, or snow storm;
74	76		(B) power failure, transportation failure, or
75	77		interruption of communication facilities;
76	78		(C) epidemic; or
77	79		(D) riot, civil disturbance, enemy attack, or
78	80		other actual or threatened act of lawlessness or violence.
79	81		(2) "Suspension period" means the period of time
80	82		during which a governmental body may suspend the applicability of
81	83		the requirements of this chapter to the governmental body under
82	84		this section.
83	85		(b) The requirements of this chapter do not apply to a
84	86		governmental body during the suspension period determined by the
85	87		governmental body under Subsections (d) and (e) if the governmental
86	88		body:
87	89		(1) is currently impacted by a catastrophe; and
88	90		(2) complies with the requirements of this section.
89	91		(c) A governmental body that elects to suspend the
90	92		applicability of the requirements of this chapter to the
91	93		governmental body must submit notice to the office of the attorney
92	94		general that the governmental body is currently impacted by a
93	95		catastrophe and has elected to suspend the applicability of those
94	96		requirements during the initial suspension period determined under
95	97		Subsection (d). The notice must be on the form prescribed by the
96	98		office of the attorney general under Subsection (j).
97	99		(d) A governmental body may suspend the applicability of the
98	100		requirements of this chapter to the governmental body for an
99	101		initial suspension period. The initial suspension period may not
100	102		exceed seven consecutive days and must occur during the period
101	103		that:
102	104		(1) begins not earlier than the second day before the
103	105		date the governmental body submits notice to the office of the
104	106		attorney general under Subsection (c); and
105	107		(2) ends not later than the seventh day after the date
106	108		the governmental body submits that notice.
107	109		(e) A governmental body may extend an initial suspension
108	110		period if the governing body determines that the governing body is
109	111		still impacted by the catastrophe on which the initial suspension
110	112		period was based. The initial suspension period may be extended one
111	113		time for not more than seven consecutive days that begin on the day
112	114		following the day the initial suspension period ends. The
113	115		governing body must submit notice of the extension to the office of
114	116		the attorney general on the form prescribed by the office under
115	117		Subsection (j).
116	118		(f) A governmental body that suspends the applicability of
117	119		the requirements of this chapter to the governmental body under
118	120		this section must provide notice to the public of the suspension in
119	121		a place readily accessible to the public and in each other location
120	122		the governmental body is required to post a notice under Subchapter
121	123		C, Chapter 551. The governmental body must maintain the notice of
122	124		the suspension during the suspension period.
123	125		(g) Notwithstanding another provision of this chapter, a
124	126		request for public information received by a governmental body
125	127		during a suspension period determined by the governmental body is
126	128		considered to have been received by the governmental body on the
127	129		first business day after the date the suspension period ends.
128	130		(h) The requirements of this chapter related to a request
129	131		for public information received by a governmental body before the
130	132		date an initial suspension period determined by the governmental
131	133		body begins are tolled until the first business day after the date
132	134		the suspension period ends.
133	135		(i) The office of the attorney general shall continuously
134	136		post on the Internet website of the office each notice submitted to
135	137		the office under this section from the date the office receives the
136	138		notice until the first anniversary of that date.
137	139		(j) The office of the attorney general shall prescribe the
138	140		form of the notice that a governmental body must submit to the
139	141		office under Subsections (c) and (e). The notice must require the
140	142		governmental body to:
141	143		(1) identify and describe the catastrophe that the
142	144		governmental body is currently impacted by;
143	145		(2) state the date the initial suspension period
144	146		determined by the governmental body under Subsection (d) begins and
145	147		the date that period ends;
146	148		(3) if the governmental body has determined to extend
147	149		the initial suspension period under Subsection (e):
148	150		(A) state that the governmental body continues to
149	151		be impacted by the catastrophe identified in Subdivision (1); and
150	152		(B) state the date the extension to the initial
151	153		suspension period begins and the date the period ends; and
152	154		(4) provide any other information the office of the
153	155		attorney general determines necessary.
154	156		SECTION 5. As soon as practicable after this Act becomes law
155	157		as provided by Section 2001.006, Government Code, the office of the
156	158		attorney general shall prescribe the form of the notice required by
157	159		Section 552.233(j), Government Code, as added by this Act.
158	160		SECTION 6. Sections 551.045 and 551.047, Government Code,
159	161		as amended by this Act, apply only to a meeting held on or after the
160	162		effective date of this Act. A meeting held before the effective
161	163		date of this Act is governed by the law in effect immediately before
162	164		the effective date of this Act, and the former law is continued in
163	165		effect for that purpose.
164	166		SECTION 7. This Act takes effect September 1, 2019.
165		-	______________________________ ______________________________
166		-	President of the Senate Speaker of the House
167		-	I hereby certify that S.B. No. 494 passed the Senate on
168		-	April 17, 2019, by the following vote: Yeas 31, Nays 0.
169		-	______________________________
170		-	Secretary of the Senate
171		-	I hereby certify that S.B. No. 494 passed the House on
172		-	May 17, 2019, by the following vote: Yeas 144, Nays 0, two
173		-	present not voting.
174		-	______________________________
175		-	Chief Clerk of the House
176		-	Approved:
177		-	______________________________
178		-	Date
179		-	______________________________
180		-	Governor