87R10874 JON-F
By: Vasut H.B. No. 3330
A BILL TO BE ENTITLED
AN ACT
relating to remote meetings under the open meetings law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.125(b), Government Code, is amended
to read as follows:
(b) A meeting held by telephone conference call may be held
only if the meeting is held by an advisory board, or:
(1) an emergency or public necessity exists within the
meaning of Section 551.045 of this chapter; and
(2) holding a meeting under Section 551.127 [the
convening at one location of a quorum of the governmental body] is
difficult or impossible[; or
[(3) the meeting is held by an advisory board].
SECTION 2. Section 551.127, Government Code, is amended by
amending Subsections (a-1), (a-3), (b), (e), and (k) and adding
Subsections (l) and (m) to read as follows:
(a-1) A member [or employee] of a governmental body may
participate remotely in a meeting of the governmental body by means
of a videoconference call if the video and audio feed of the
member's [or employee's] participation[, as applicable,] is
broadcast live at the meeting and complies with the provisions of
this section and:
(1) the meeting is held by a governmental body whose
territory or jurisdiction includes an area stricken or threatened
by:
(A) a disaster declared under Chapter 418; or
(B) a public health disaster declared under
Chapter 81, Health and Safety Code;
(2) other law or the governmental body's charter
authorizes the member to participate remotely; or
(3) before the meeting the member submits a written
statement to the chief administrative official of the governmental
body indicating that:
(A) a quorum of the governmental body has
authorized the member to participate remotely; or
(B) the member is unable to attend the meeting in
person because the member:
(i) must attend a funeral;
(ii) is ill;
(iii) must care for a spouse or dependent
who is ill;
(iv) is on active duty with the armed
forces; or
(v) must be physically present at another
location due to the member's employment with another entity if the
governmental body pays the member less than $500 per month and the
member has not participated in a meeting of the governmental body by
videoconference call under this subparagraph during the previous 30
days.
(a-3) A member of a governmental body who participates in a
meeting by videoconference call shall be considered absent from any
portion of the meeting during which audio or video communication
with the member is lost or disconnected. The governmental body may
continue the meeting only if a quorum of the body remains present at
the meeting location or, if applicable, continues to participate in
the [a] meeting by videoconference call and is not considered
absent under this subsection [conducted under Subsection (c)].
(b) A meeting may be held by videoconference call only if
the member of the governmental body presiding over the meeting is
physically present at one location of the meeting that is open to
the public during the open portions of the meeting [a quorum of the
governmental body is physically present at one location of the
meeting, except as provided by Subsection (c)].
(e) The notice of a meeting to be held by videoconference
call [must specify as a location of the meeting the location where a
quorum of the governmental body will be physically present and
specify the intent to have a quorum present at that location, except
that the notice of a meeting to be held by videoconference call
under Subsection (c)] must specify as a location of the meeting the
location where the member of the governmental body presiding over
the meeting will be physically present and specify the intent to
have the member of the governmental body presiding over the meeting
present at that location. The location where the member of the
governmental body presiding over the meeting is physically present
shall be open to the public during the open portions of the meeting.
(k) Without regard to whether a member of the governmental
body is participating in a meeting from a remote location by
videoconference call, a governmental body may allow a person to
speak [member of the public to testify] at a meeting from a remote
location by videoconference call.
(l) An employee of a governmental body may participate
remotely in a meeting of the governmental body by means of a
videoconference call if the video and audio feed of the employee's
participation is broadcast live at the meeting and complies with
the provisions of this section.
(m) A governmental body whose territory or jurisdiction
includes an area stricken or threatened by a public health disaster
declared under Chapter 81, Health and Safety Code, is not required
to comply with:
(1) Subsection (f); or
(2) the provisions of Subsections (b) and (e) that
require the presiding member's location to be open to the public.
SECTION 3. Section 81.406(b), Health and Safety Code, is
amended to read as follows:
(b) The task force may meet telephonically in accordance
with Section 551.125(b) [551.125(b)(3)], Government Code.
SECTION 4. Section 551.127(c), Government Code, is
repealed.
SECTION 5. The changes in law made by this Act apply only to
a meeting for which notice is first posted on or after the effective
date of this Act.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.