Texas 2021 - 87th Regular

Texas House Bill HB3139 Compare Versions

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

Old	New	Differences
1	1	87R3086 SGM-F
2	2	By: Longoria H.B. No. 3139
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of all governmental bodies to hold open
8	8	and closed meetings by telephone or videoconference call.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 551, Government Code, is
11	11	amended by adding Section 551.0025 to read as follows:
12	12	Sec. 551.0025. MEETING BY TELEPHONE CONFERENCE OR
13	13	VIDEOCONFERENCE CALL. (a) In this section, "conference call"
14	14	means a meeting held by:
15	15	(1) telephone conference call;
16	16	(2) videoconference call; or
17	17	(3) telephone conference and videoconference call.
18	18	(b) Notwithstanding any other law, a governmental body may
19	19	hold an open or closed meeting by conference call.
20	20	(c) Each part of a meeting held by conference call required
21	21	to be open to the public shall:
22	22	(1) be audible to the public;
23	23	(2) be visible to the public if it is a videoconference
24	24	call; and
25	25	(3) have two-way communication with each participant.
26	26	(d) A member or employee of a governmental body may
27	27	participate in a meeting by conference call only if the audio signal
28	28	of the participant is heard live at the meeting and complies with
29	29	the provisions of this section.
30	30	(e) A member of a governmental body who participates in a
31	31	meeting by conference call shall be counted as present at the
32	32	meeting for all purposes.
33	33	(f) A member of a governmental body who participates in a
34	34	meeting by conference call shall be considered absent from any
35	35	portion of the meeting during which audio communication with the
36	36	member is lost or disconnected. The governmental body may continue
37	37	the meeting only if a quorum of the body continues to participate in
38	38	the meeting.
39	39	(g) A governmental body may allow a member of the public to
40	40	testify at a meeting by conference call.
41	41	(h) A meeting held by conference call is subject to the
42	42	notice requirements applicable to other meetings in addition to the
43	43	notice requirements prescribed by this section.
44	44	(i) The notice of a meeting held by conference call must
45	45	provide instructions explaining how members of the public may:
46	46	(1) listen to the open portions of the meeting; and
47	47	(2) address the governmental body during the meeting.
48	48	(j) A meeting held by conference call shall be recorded.
49	49	The recording shall be made available to the public.
50	50	(k) The Department of Information Resources by rule shall
51	51	specify minimum standards for the recording of a meeting held by
52	52	conference call. The quality of the recording must meet or exceed
53	53	those standards.
54	54	SECTION 2. Section 11.1513(b), Education Code, is amended
55	55	to read as follows:
56	56	(b) The board of trustees may accept or reject the
57	57	superintendent's recommendation regarding the selection of
58	58	district personnel and shall include the board's acceptance or
59	59	rejection in the minutes of the board's meeting, as required under
60	60	Section 551.021, Government Code, in the certified agenda or tape
61	61	recording required under Section 551.103, Government Code, or in
62	62	the recording required under Section 551.0025 [551.125 or 551.127],
63	63	Government Code[, as applicable]. If the board rejects the
64	64	superintendent's recommendation, the superintendent shall make
65	65	alternative recommendations until the board accepts a
66	66	recommendation.
67	67	SECTION 3. Section 33.256, Education Code, is amended to
68	68	read as follows:
69	69	Sec. 33.256. MEETINGS. [(a)] The council shall meet in
70	70	person at least three times each year and may hold additional
71	71	meetings by conference call if necessary.
72	72	[(b) Section 551.125, Government Code, applies to a meeting
73	73	held by conference call under this section, except that Section
74	74	551.125(b), Government Code, does not apply.]
75	75	SECTION 4. Section 61.025(b), Education Code, is amended to
76	76	read as follows:
77	77	(b) Except as provided by Section 551.0025 [551.126],
78	78	Government Code, the board shall hold regular quarterly meetings in
79	79	the city of Austin, and other meetings at places and times scheduled
80	80	by it in formal sessions and called by the chairman.
81	81	SECTION 5. Section 61.06641(i), Education Code, is amended
82	82	to read as follows:
83	83	(i) The [Notwithstanding Chapter 551, Government Code, or
84	84	any other law, the] advisory council may meet by telephone
85	85	conference call, videoconference, or other similar
86	86	telecommunication method. A meeting held by telephone conference
87	87	call, videoconference, or other similar telecommunication method
88	88	is subject to the requirements of Section 551.0025 [Sections
89	89	551.125(c)-(f)], Government Code.
90	90	SECTION 6. Section 66.08(h), Education Code, is amended to
91	91	read as follows:
92	92	(h) The corporation:
93	93	(1) is subject to the Texas Non-Profit Corporation Act
94	94	(Article 1396-1.01 et seq., Vernon's Texas Civil Statutes); and
95	95	(2) is subject to the provisions of Chapter 551,
96	96	Government Code (the open meetings law), that apply to the board of
97	97	regents of The University of Texas System, except that the board of
98	98	directors of the corporation[:
99	99	[(A)] may discuss an investment or potential
100	100	investment with one or more employees of the corporation or with a
101	101	third party to the extent permitted to the board of trustees of the
102	102	Texas growth fund under Section 551.075, Government Code[; and
103	103	[(B) is not subject to Section 551.121 or Section
104	104	551.125, Government Code, rather any director of the corporation
105	105	may attend any meeting of the board of directors by telephone
106	106	conference call provided that the telephone conference is audible
107	107	to the public at the meeting location specified in the notice of the
108	108	meeting during each part of the meeting that is required to be open
109	109	to the public].
110	110	SECTION 7. Section 419.906(e), Government Code, is amended
111	111	to read as follows:
112	112	(e) Notwithstanding Section 419.0365, the commission may
113	113	temporarily suspend a person's or regulated entity's certificate on
114	114	a determination by a panel of the commission that continued
115	115	activity by the person or entity would present an immediate threat
116	116	to the public or to fire service trainees. [The panel may hold a
117	117	meeting for purposes of this subsection by teleconference call
118	118	pursuant to Section 551.125.] A person or regulated entity whose
119	119	certificate is temporarily suspended under this subsection is
120	120	entitled to a hearing before the commission not later than the 14th
121	121	day after the date of the temporary suspension.
122	122	SECTION 8. The heading to Subchapter F, Chapter 551,
123	123	Government Code, is amended to read as follows:
124	124	SUBCHAPTER F. MEETINGS USING THE [TELEPHONE, VIDEOCONFERENCE, OR]
125	125	INTERNET
126	126	SECTION 9. Sections 551.129(a) and (c), Government Code,
127	127	are amended to read as follows:
128	128	(a) A governmental body may use [a telephone conference
129	129	call, video conference call, or] communications over the Internet
130	130	to conduct a public consultation with its attorney in an open
131	131	meeting of the governmental body or a private consultation with its
132	132	attorney in a closed meeting of the governmental body.
133	133	(c) Subsection (a) does not:
134	134	(1) authorize the members of a governmental body to
135	135	conduct a meeting of the governmental body [by telephone conference
136	136	call, video conference call, or communications] over the Internet;
137	137	or
138	138	(2) create an exception to the application of this
139	139	subchapter.
140	140	SECTION 10. Section 116.006, Health and Safety Code, is
141	141	amended to read as follows:
142	142	Sec. 116.006. MEETINGS. [(a)] The council shall meet in
143	143	person three times each year [and may hold meetings by conference
144	144	call as necessary]. The council shall invite stakeholders to
145	145	participate in at least two council meetings each year and provide
146	146	an opportunity for submission of oral or written testimony. The
147	147	council at a minimum shall invite:
148	148	(1) one individual with expertise in early childhood
149	149	nutrition and physical activity, such as a registered dietician,
150	150	physical therapist, or physical education specialist;
151	151	(2) one staff member or manager of a child-care
152	152	facility;
153	153	(3) one staff member or manager of a child-care
154	154	facility operated in a private residence;
155	155	(4) two individuals with medical experience in early
156	156	childhood health, such as a family practice physician, registered
157	157	nurse, nurse practitioner, pediatrician, or child health
158	158	consultant;
159	159	(5) one representative from a nonprofit organization
160	160	that provides family or wellness services; and
161	161	(6) one representative from an agency or organization
162	162	with expertise in community health education and outreach, such as
163	163	a local health department, public relations or marketing firm, or
164	164	university.
165	165	[(b) Section 551.125, Government Code, applies to a meeting
166	166	held by conference call under this section, except that Section
167	167	551.125(b), Government Code, does not apply.]
168	168	SECTION 11. Section 117.056, Health and Safety Code, is
169	169	amended to read as follows:
170	170	Sec. 117.056. MEETINGS. [(a)] The committee shall meet at
171	171	least quarterly or more frequently at the call of the presiding
172	172	officer.
173	173	[(b) To ensure appropriate representation from all areas of
174	174	this state, the committee may meet by videoconference or telephone
175	175	conference call. A meeting held by videoconference or telephone
176	176	conference call under this subsection must comply with the
177	177	requirements applicable to a telephone conference call under
178	178	Sections 551.125(c), (d), (e), and (f), Government Code. Sections
179	179	551.125(b) and 551.127, Government Code, do not apply to the
180	180	committee.]
181	181	SECTION 12. Section 117.105, Health and Safety Code, is
182	182	amended to read as follows:
183	183	Sec. 117.105. OPEN MEETINGS ACT. The [Except as provided by
184	184	Section 117.056, the] committee is subject to Chapter 551,
185	185	Government Code.
186	186	SECTION 13. Section 120.054, Health and Safety Code, is
187	187	amended to read as follows:
188	188	Sec. 120.054. MEETINGS. [(a)] The task force shall meet at
189	189	least quarterly each fiscal year. Members may hold meetings by
190	190	telephone conference call [calls] and through videoconference in
191	191	accordance with Section 551.0025 [551.127], Government Code.
192	192	[(b) Section 551.125, Government Code, applies to a meeting
193	193	held by conference call under this section, except that Section
194	194	551.125(b), Government Code, does not apply.]
195	195	SECTION 14. Section 81.001(b), Local Government Code, is
196	196	amended to read as follows:
197	197	(b) If present, the county judge is the presiding officer of
198	198	the commissioners court. This subsection does not apply to a
199	199	meeting held under Section 551.0025 [551.127], Government Code[, if
200	200	the county judge is not located at the physical space made available
201	201	to the public for the meeting].
202	202	SECTION 15. Section 26.06(a), Tax Code, is amended to read
203	203	as follows:
204	204	(a) A public hearing required by Section 26.05 may not be
205	205	held before the fifth day after the date the notice of the public
206	206	hearing is given. The hearing must be on a weekday that is not a
207	207	public holiday. [The hearing must be held inside the boundaries of
208	208	the unit in a publicly owned building or, if a suitable publicly
209	209	owned building is not available, in a suitable building to which the
210	210	public normally has access.] At the hearing, the governing body
211	211	must afford adequate opportunity for proponents and opponents of
212	212	the tax increase to present their views.
213	213	SECTION 16. Section 3.01(j), Article 6243a-1, Vernon's
214	214	Texas Civil Statutes, is amended to read as follows:
215	215	(j) The board has full power to make rules pertaining to the
216	216	conduct of its meetings and to the operation of the pension system
217	217	as long as its rules are not, subject to Subsections (j-1) and (j-2)
218	218	of this section, inconsistent with the terms of this article, any
219	219	pension plan within the pension system, or the laws of this state or
220	220	the United States to the extent applicable. A board meeting may be
221	221	held by [telephone] conference call [or by videoconference call] in
222	222	accordance with Section 551.0025 [Sections 551.125 and 551.127],
223	223	Government Code[, except that Section 551.125(b), Government Code,
224	224	does not apply].
225	225	SECTION 17. The following provisions are repealed:
226	226	(1) Sections 551.121, 551.122, 551.123, 551.124,
227	227	551.125, 551.126, 551.127, 551.130, and 551.131, Government Code;
228	228	(2) Section 81.406(b), Health and Safety Code;
229	229	(3) Section 9601.056(e), Special District Local Laws
230	230	Code; and
231	231	(4) Section 370.262, Transportation Code.
232	232	SECTION 18. The changes in law made by this Act apply only
233	233	to a meeting of a governmental body that is held on or after the
234	234	effective date of this Act. A meeting held before the effective
235	235	date of this Act is governed by the law in effect on the date of the
236	236	meeting, and the former law is continued in effect for that purpose.
237	237	SECTION 19. This Act takes effect September 1, 2021.