Texas 2021 - 87th Regular

Texas House Bill HB3330 Compare Versions

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

Old	New	Differences
1	1	87R10874 JON-F
2	2	By: Vasut H.B. No. 3330
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to remote meetings under the open meetings law.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 551.125(b), Government Code, is amended
10	10	to read as follows:
11	11	(b) A meeting held by telephone conference call may be held
12	12	only if the meeting is held by an advisory board, or:
13	13	(1) an emergency or public necessity exists within the
14	14	meaning of Section 551.045 of this chapter; and
15	15	(2) holding a meeting under Section 551.127 [the
16	16	convening at one location of a quorum of the governmental body] is
17	17	difficult or impossible[; or
18	18	[(3) the meeting is held by an advisory board].
19	19	SECTION 2. Section 551.127, Government Code, is amended by
20	20	amending Subsections (a-1), (a-3), (b), (e), and (k) and adding
21	21	Subsections (l) and (m) to read as follows:
22	22	(a-1) A member [or employee] of a governmental body may
23	23	participate remotely in a meeting of the governmental body by means
24	24	of a videoconference call if the video and audio feed of the
25	25	member's [or employee's] participation[, as applicable,] is
26	26	broadcast live at the meeting and complies with the provisions of
27	27	this section and:
28	28	(1) the meeting is held by a governmental body whose
29	29	territory or jurisdiction includes an area stricken or threatened
30	30	by:
31	31	(A) a disaster declared under Chapter 418; or
32	32	(B) a public health disaster declared under
33	33	Chapter 81, Health and Safety Code;
34	34	(2) other law or the governmental body's charter
35	35	authorizes the member to participate remotely; or
36	36	(3) before the meeting the member submits a written
37	37	statement to the chief administrative official of the governmental
38	38	body indicating that:
39	39	(A) a quorum of the governmental body has
40	40	authorized the member to participate remotely; or
41	41	(B) the member is unable to attend the meeting in
42	42	person because the member:
43	43	(i) must attend a funeral;
44	44	(ii) is ill;
45	45	(iii) must care for a spouse or dependent
46	46	who is ill;
47	47	(iv) is on active duty with the armed
48	48	forces; or
49	49	(v) must be physically present at another
50	50	location due to the member's employment with another entity if the
51	51	governmental body pays the member less than $500 per month and the
52	52	member has not participated in a meeting of the governmental body by
53	53	videoconference call under this subparagraph during the previous 30
54	54	days.
55	55	(a-3) A member of a governmental body who participates in a
56	56	meeting by videoconference call shall be considered absent from any
57	57	portion of the meeting during which audio or video communication
58	58	with the member is lost or disconnected. The governmental body may
59	59	continue the meeting only if a quorum of the body remains present at
60	60	the meeting location or, if applicable, continues to participate in
61	61	the [a] meeting by videoconference call and is not considered
62	62	absent under this subsection [conducted under Subsection (c)].
63	63	(b) A meeting may be held by videoconference call only if
64	64	the member of the governmental body presiding over the meeting is
65	65	physically present at one location of the meeting that is open to
66	66	the public during the open portions of the meeting [a quorum of the
67	67	governmental body is physically present at one location of the
68	68	meeting, except as provided by Subsection (c)].
69	69	(e) The notice of a meeting to be held by videoconference
70	70	call [must specify as a location of the meeting the location where a
71	71	quorum of the governmental body will be physically present and
72	72	specify the intent to have a quorum present at that location, except
73	73	that the notice of a meeting to be held by videoconference call
74	74	under Subsection (c)] must specify as a location of the meeting the
75	75	location where the member of the governmental body presiding over
76	76	the meeting will be physically present and specify the intent to
77	77	have the member of the governmental body presiding over the meeting
78	78	present at that location. The location where the member of the
79	79	governmental body presiding over the meeting is physically present
80	80	shall be open to the public during the open portions of the meeting.
81	81	(k) Without regard to whether a member of the governmental
82	82	body is participating in a meeting from a remote location by
83	83	videoconference call, a governmental body may allow a person to
84	84	speak [member of the public to testify] at a meeting from a remote
85	85	location by videoconference call.
86	86	(l) An employee of a governmental body may participate
87	87	remotely in a meeting of the governmental body by means of a
88	88	videoconference call if the video and audio feed of the employee's
89	89	participation is broadcast live at the meeting and complies with
90	90	the provisions of this section.
91	91	(m) A governmental body whose territory or jurisdiction
92	92	includes an area stricken or threatened by a public health disaster
93	93	declared under Chapter 81, Health and Safety Code, is not required
94	94	to comply with:
95	95	(1) Subsection (f); or
96	96	(2) the provisions of Subsections (b) and (e) that
97	97	require the presiding member's location to be open to the public.
98	98	SECTION 3. Section 81.406(b), Health and Safety Code, is
99	99	amended to read as follows:
100	100	(b) The task force may meet telephonically in accordance
101	101	with Section 551.125(b) [551.125(b)(3)], Government Code.
102	102	SECTION 4. Section 551.127(c), Government Code, is
103	103	repealed.
104	104	SECTION 5. The changes in law made by this Act apply only to
105	105	a meeting for which notice is first posted on or after the effective
106	106	date of this Act.
107	107	SECTION 6. This Act takes effect immediately if it receives
108	108	a vote of two-thirds of all the members elected to each house, as
109	109	provided by Section 39, Article III, Texas Constitution. If this
110	110	Act does not receive the vote necessary for immediate effect, this
111	111	Act takes effect September 1, 2021.