Texas 2021 - 87th Regular

Texas House Bill HB2683 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Canales, Guerra, Fierro, Morales of Maverick H.B. No. 2683
	1	+	87R17197 SGM-F
	2	+	By: Canales H.B. No. 2683
	3	+	Substitute the following for H.B. No. 2683:
	4	+	By: Paddie C.S.H.B. No. 2683
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to remote and other meetings held under the open meetings
7	10		law.
8	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	12		SECTION 1. Subchapter A, Chapter 551, Government Code, is
10	13		amended by adding Section 551.008 to read as follows:
11	14		Sec. 551.008. PUBLIC ACCESS TO CERTAIN MEETINGS. (a) This
12	15		section applies only to an open meeting of a governmental body at
13	16		which at least a majority of the members of the body participate by
14	17		a method other than by appearing in person at the meeting's physical
15		-	location, including by telephone conference call or ~~video~~
16		-	~~conference~~ call.
	18	+	location, including by telephone conference call or
	19	+	videoconference call.
17	20		(b) The requirements prescribed by this section are in
18	21		addition to other requirements of law applicable to an open
19	22		meeting. Except as provided by this section, this section prevails
20	23		to the extent of a conflict with another provision of law.
21	24		(c) A governmental body shall ensure that members of the
22	25		public are able to listen to and, if applicable, speak at an open
23	26		meeting to which this section applies by telephone.
24	27		(d) A governmental body that holds an open meeting to which
25	28		this section applies shall:
26	29		(1) make the open meeting audible to the public by
27	30		telephone and at each location described by Subsection (e)(2);
28	31		(2) if the meeting is broadcast live over the Internet
29	32		or held wholly or partly by videoconference call, provide public
30	33		access to both audiovisual and audio-only feeds of the open meeting
31		-	over the Internet or by using a free, widely available computer
32		-	application; and
	34	+	over the Internet; and
33	35		(3) if applicable, allow members of the public to
34	36		address the governmental body as provided by Section 551.007:
35	37		(A) by telephone; and
36	38		(B) by videoconference call if the meeting is
37	39		held wholly or partly by videoconference call.
38	40		(e) The notice of an open meeting to which this section
39	41		applies must:
40	42		(1) comply with the requirements of this chapter;
41	43		(2) list each physical location where a member of the
42	44		public may observe and participate in the meeting, including:
43	45		(A) any location that is open to the public where
44	46		a member of the governmental body intends to participate in the
45	47		meeting; and
46	48		(B) any facility provided by the governmental
47	49		body for a member of the public to observe or speak at the meeting;
48	50		(3) include a toll free telephone number that members
49	51		of the public may use to hear and, if applicable, speak at the
50	52		meeting;
51	53		(4) include access information for any audiovisual or
52	54		audio-only feeds required by Subsection (d)(2); and
53	55		(5) include instructions for a member of the public to
54	56		speak at the meeting:
55	57		(A) from a remote location; or
56	58		(B) while physically present at a location
57	59		described by Subdivision (2).
58	60		(f) An open meeting to which this section applies shall be
59	61		recorded. Except as otherwise provided by law, the recording shall
60	62		be made available to the public not later than 24 hours after the
61	63		adjourning of the meeting.
62		-	SECTION 2. The heading to Section 551.023, Government Code,
63		-	is amended to read as follows:
64		-	Sec. 551.023. RECORDING OR LIVESTREAMING OF MEETING BY
65		-	PERSON IN ATTENDANCE.
66		-	SECTION 3. Section 551.023(a), Government Code, is amended
67		-	to read as follows:
68		-	(a) A person in attendance at an open meeting of a
69		-	governmental body may:
70		-	(1) record all or any part of the [an open] meeting [of
71		-	a governmental body] by means of a recorder, video camera, or other
72		-	means of aural or visual reproduction; or
73		-	(2) stream live video and audio of all or any part of
74		-	the meeting on the Internet, provided that such recording does not
75		-	cause a distraction or disturbance to the proceedings of the
76		-	meeting.
77		-	SECTION 4. Subchapter B, Chapter 551, Government Code, is
78		-	amended by adding Section 551.024 to read as follows:
79		-	Sec. 551.024. INTERNET BROADCAST AND ARCHIVE OF OPEN
80		-	MEETINGS. (a) This section applies only to a governmental body
81		-	that is an agency within the executive or legislative branch of
82		-	state government to which the total appropriation made in the
83		-	General Appropriations Act from general revenue for any fiscal year
84		-	beginning on or after September 1, 2021, including any amount of
85		-	general revenue transferred to the governmental body under that Act
86		-	for that fiscal year, is greater than $10 million and for which the
87		-	bill pattern for the General Appropriations Act for the same fiscal
88		-	year designates 100 or more full-time employees.
89		-	(b) A governmental body that becomes subject to this section
90		-	under Subsection (a) for a fiscal year shall comply with this
91		-	section in each following fiscal year.
92		-	(c) A governmental body subject to this section shall
93		-	broadcast over the Internet live video and audio of each open
94		-	meeting of the governmental body. The governmental body shall
95		-	provide access to the broadcast on the governmental body's Internet
96		-	website.
97		-	(d) Not later than the seventh day after the date an open
98		-	meeting is broadcast under this section, the governmental body
99		-	shall make available through the governmental body's Internet
100		-	website archived video and audio of the open meeting. The
101		-	governmental body shall maintain the archived video and audio of
102		-	the open meeting on the governmental body's Internet website until
103		-	the second anniversary of the date the archived video and audio was
104		-	first made available on the website.
105		-	(e) The governmental body shall provide on the governmental
106		-	body's Internet website the same notice of the open meeting that the
107		-	governmental body is required to post under Subchapter C. The
108		-	notice must be posted on the governmental body's Internet website
109		-	within the time required for posting notice under Subchapter C.
110		-	(f) The governmental body may use for an Internet broadcast
111		-	of an open meeting of the governmental body a room made available to
112		-	the governmental body on request in any state building, as defined
113		-	by Section 2165.301.
114		-	(g) The governmental body is exempt from the requirements of
115		-	this section to the extent a catastrophe, as defined by Section
116		-	551.0411, or a technical breakdown prevents the governmental body
117		-	from complying with this section. Following the catastrophe or
118		-	technical breakdown, the governmental body shall make all
119		-	reasonable efforts to make the required video and audio of the open
120		-	meeting available in a timely manner.
121		-	(h) The governmental body shall consider contracting
122		-	through competitive bidding with a private individual or entity to
123		-	broadcast and archive an open meeting subject to this section to
124		-	minimize the cost of complying with this section.
125		-	SECTION 5. Section 551.041, Government Code, is amended to
	64	+	SECTION 2. Section 551.041, Government Code, is amended to
126	65		read as follows:
127	66		Sec. 551.041. NOTICE OF MEETING REQUIRED. (a) A
128	67		governmental body shall give written notice of the date, hour,
129	68		place, and subject of each meeting held by the governmental body.
130	69		(b) The notice must include:
131	70		(1) an agenda of the specific subjects to be
132	71		considered in the open meeting so that the public is aware of the
133	72		subjects for public deliberation; and
134	73		(2) to the extent foreseeable at the time the notice is
135	74		posted, the subjects to be considered in a closed meeting.
136	75		(c) A governmental body may not conduct a closed meeting on
137	76		a subject not included in the notice as prescribed by Subsection
138	77		(b)(2) unless the body determines by official action during the
139	78		open meeting for which the notice was posted that the necessity of
140	79		considering the subject was not reasonably foreseeable at the time
141	80		the notice was posted.
142		-	SECTION 6. Sections 551.128(b) and (c), Government Code,
	81	+	SECTION 3. Sections 551.128(b) and (c), Government Code,
143	82		are amended to read as follows:
144	83		(b) Except as provided by Subsection (b-1) and subject to
145	84		the requirements of this section, a governmental body may broadcast
146	85		an open meeting over the Internet. A governmental body shall
147		-	broadcast an open meeting over the Internet, or shall hold an open
148		-	meeting by telephone conference or videoconference, if the physical
	86	+	broadcast an open meeting over the Internet if the physical
149	87		location of the meeting is not accessible to members of the public
150	88		or is not large enough to accommodate all persons seeking to attend
151	89		the meeting in person, including if the location has reduced
152		-	capacity as the result of an emergency or urgent public necessity,
153		-	as described by Section 551.045(b).
	90	+	capacity as the result of a public emergency or disaster.
154	91		(c) Except as provided by Subsection (b-2), a governmental
155	92		body that broadcasts a meeting over the Internet shall establish an
156	93		Internet site and provide free and open access for members of the
157	94		public to the broadcast from that site. The governmental body shall
158	95		provide on the Internet site the same notice of the meeting that the
159	96		governmental body is required to post under Subchapter C. The
160	97		notice on the Internet must be posted within the time required for
161	98		posting notice under Subchapter C.
162		-	SECTION 7. Section 551.024, Government Code, as added by
163		-	this Act, applies only to an open meeting held on or after September
164		-	1, 2023.
165		-	SECTION 8. The changes in law made by this Act apply only to
	99	+	SECTION 4. The changes in law made by this Act apply only to
166	100		a meeting of a governmental body held on or after the effective date
167	101		of this Act.
168		-	SECTION 9. This Act takes effect September 1, 2021.
	102	+	SECTION 5. This Act takes effect September 1, 2021.