Texas 2021 - 87th Regular

Texas House Bill HB3793 Compare Versions

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

Old	New	Differences
1	1	87R5267 JON-D
2	2	By: Shaheen H.B. No. 3793
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, Government Code, is amended to
10	10	read as follows:
11	11	Sec. 551.125. MEETING FROM REMOTE LOCATIONS BY TELEPHONE
12	12	CONFERENCE CALL [OTHER GOVERNMENTAL BODY]. (a) Except as
13	13	otherwise provided by this subchapter, this chapter does not
14	14	prohibit a governmental body from holding an open or closed meeting
15	15	from one or more remote locations by telephone conference call.
16	16	(b) A meeting held by telephone conference call may be held
17	17	only if:
18	18	(1) [an emergency or public necessity exists within
19	19	the meaning of Section 551.045 of this chapter; and
20	20	[(2)] the convening at one location of a quorum of the
21	21	governmental body is difficult or impossible; or
22	22	(2) [(3)] the meeting is held by an advisory board.
23	23	(c) The telephone conference call meeting is subject to the
24	24	notice requirements applicable to other meetings except as
25	25	otherwise provided by Subsection (d).
26	26	(d) The notice of the telephone conference call meeting
27	27	must:
28	28	(1) include the statement "Telephone conference call
29	29	under Section 551.125, Government Code" in lieu of the place of the
30	30	meeting;
31	31	(2) list each physical location where members of the
32	32	public may listen to or participate in the meeting, including:
33	33	(A) any location that is open to the public where
34	34	a member of the governmental body intends to participate in the
35	35	meeting; and
36	36	(B) any facility provided by the governmental
37	37	body for members of the public to listen to the meeting or provide
38	38	testimony;
39	39	(3) include access information for an audio feed of
40	40	the meeting; and
41	41	(4) if applicable, include instructions for members of
42	42	the public to provide testimony to the governmental body [specify
43	43	as the location of the meeting the location where meetings of the
44	44	governmental body are usually held].
45	45	(e) Any method of access that is provided to the public for
46	46	listening to or participating in the telephone conference call
47	47	meeting must be widely available at no cost to the public,
48	48	including:
49	49	(1) a toll-free telephone number; or
50	50	(2) a free, widely available computer application that
51	51	can be installed on:
52	52	(A) a mobile telephone;
53	53	(B) a computer;
54	54	(C) an Internet-connected television; or
55	55	(D) a similar, widely available electronic
56	56	device.
57	57	(f) [(e)] Each part of the telephone conference call
58	58	meeting that is required to be open to the public shall be audible
59	59	to the public using the access information described by Subsection
60	60	(d) [at the location specified in the notice of the meeting as the
61	61	location of the meeting] and shall be recorded. The recording shall
62	62	be made available to the public.
63	63	(g) [(f)] The [location designated in the notice as the
64	64	location of the meeting shall provide two-way communication during
65	65	the entire telephone conference call meeting and the]
66	66	identification of each party to the telephone conference shall be
67	67	clearly stated prior to speaking.
68	68	(h) If the governmental body prepares an agenda packet that
69	69	would have been distributed to members of the public at a
70	70	face-to-face meeting, the governmental body shall make the packet
71	71	available electronically so that members of the public listening
72	72	remotely can follow along with the meeting.
73	73	SECTION 2. Section 551.127, Government Code, is amended to
74	74	read as follows:
75	75	Sec. 551.127. MEETING FROM REMOTE LOCATIONS BY
76	76	VIDEOCONFERENCE CALL. (a) Except as otherwise provided by this
77	77	section, this chapter does not prohibit a governmental body from
78	78	holding an open or closed meeting from one or more remote locations
79	79	by videoconference call.
80	80	(b) [(a-1)] A member or employee of a governmental body may
81	81	participate remotely in a meeting of the governmental body by means
82	82	of a videoconference call if the [video and] audio feed and, if
83	83	applicable, video feed of the member's or employee's participation
84	84	[, as applicable, is broadcast live at the meeting and] complies
85	85	with the provisions of this section.
86	86	(c) [(a-2)] A member of a governmental body who
87	87	participates in a meeting as provided by Subsection (b) [(a-1)]
88	88	shall be counted as present at the meeting for all purposes.
89	89	(d) [(a-3)] A member of a governmental body who
90	90	participates in a meeting by videoconference call shall be
91	91	considered absent from any portion of the meeting during which
92	92	audio [or video] communication with the member is lost or
93	93	disconnected. The governmental body may continue the meeting only
94	94	if members in a number sufficient to constitute a quorum of the body
95	95	remain audible and visible to each other and, during the open
96	96	portion of the meeting, to the public [remains present at the
97	97	meeting location or, if applicable, continues to participate in a
98	98	meeting conducted under Subsection (c)].
99	99	[(b) A meeting may be held by videoconference call only if a
100	100	quorum of the governmental body is physically present at one
101	101	location of the meeting, except as provided by Subsection (c).
102	102	[(c) A meeting of a state governmental body or a
103	103	governmental body that extends into three or more counties may be
104	104	held by videoconference call only if the member of the governmental
105	105	body presiding over the meeting is physically present at one
106	106	location of the meeting that is open to the public during the open
107	107	portions of the meeting.]
108	108	(e) [(d)] A meeting held by videoconference call is subject
109	109	to the notice requirements applicable to other meetings except as
110	110	otherwise provided by Subsection (f) [in addition to the notice
111	111	requirements prescribed by this section].
112	112	(f) [(e)] The notice of a meeting to be held by
113	113	videoconference call must:
114	114	(1) include the statement "Videoconference call under
115	115	Section 551.127, Government Code" in lieu of the place of the
116	116	meeting;
117	117	(2) list each physical location where members of the
118	118	public may observe or participate in the meeting, including:
119	119	(A) any location that is open to the public where
120	120	a member of the governmental body intends to participate in the
121	121	meeting; and
122	122	(B) any facility provided by the governmental
123	123	body for members of the public to observe the meeting or provide
124	124	testimony;
125	125	(3) include access information for both audio-only and
126	126	audiovisual feeds of the meeting; and
127	127	(4) if applicable, include instructions for members of
128	128	the public to provide testimony to the governmental body [specify
129	129	as a location of the meeting the location where a quorum of the
130	130	governmental body will be physically present and specify the intent
131	131	to have a quorum present at that location, except that the notice of
132	132	a meeting to be held by videoconference call under Subsection (c)
133	133	must specify as a location of the meeting the location where the
134	134	member of the governmental body presiding over the meeting will be
135	135	physically present and specify the intent to have the member of the
136	136	governmental body presiding over the meeting present at that
137	137	location. The location where the member of the governmental body
138	138	presiding over the meeting is physically present shall be open to
139	139	the public during the open portions of the meeting].
140	140	(g) Any method of access that is provided to the public for
141	141	the purpose of observing or participating in a meeting held under
142	142	this section must be widely available at no cost to the public,
143	143	including:
144	144	(1) a toll-free telephone number; or
145	145	(2) a free, widely available computer application that
146	146	can be installed on:
147	147	(A) a mobile telephone;
148	148	(B) a computer;
149	149	(C) an Internet-connected television; or
150	150	(D) a similar, widely available electronic
151	151	device.
152	152	(h) [(f)] Each portion of a meeting held by videoconference
153	153	call that is required to be open to the public shall be [visible
154	154	and] audible and, if applicable, visible to the public using the
155	155	access information described by Subsection (f) [at the location
156	156	specified under Subsection (e)]. If a problem occurs that causes a
157	157	meeting to no longer be [visible and] audible to the public [at that
158	158	location], the meeting must be recessed until the problem is
159	159	resolved. If the problem is not resolved in six hours or less, the
160	160	meeting must be adjourned.
161	161	(i) [(g)] The governmental body shall make at least an audio
162	162	recording of the meeting. The recording shall be made available to
163	163	the public.
164	164	(j) [(h) The location specified under Subsection (e), and
165	165	each remote location from which a member of the governmental body
166	166	participates, shall have two-way audio and video communication with
167	167	each other location during the entire meeting.] The face of each
168	168	participant in the videoconference call who is participating in the
169	169	call using video communication, while that participant is speaking,
170	170	shall be clearly visible, and the voice audible, to each other
171	171	participant and, during the open portion of the meeting, to the
172	172	members of the public, including [in attendance at the physical
173	173	location described by Subsection (e) and] at any [other] location
174	174	described by Subsection (f)(2) [of the meeting that is open to the
175	175	public].
176	176	(k) A participant in the videoconference call using solely
177	177	audio communication:
178	178	(1) shall, while the participant is speaking, be
179	179	clearly audible to each other participant and, during the open
180	180	portion of the meeting, to the members of the public, including at
181	181	any location described by Subsection (f)(2); and
182	182	(2) must be clearly identified before speaking.
183	183	(l) [(i)] The Department of Information Resources by rule
184	184	shall specify minimum technical quality standards for [audio and
185	185	video signals at] a meeting held by videoconference call. [The
186	186	quality of the audio and video signals perceptible at each location
187	187	of the meeting must meet or exceed those standards.]
188	188	(m) [(j)] The audio and video signals perceptible by
189	189	members of the public using the access information described under
190	190	Subsection (f) [at each location of the meeting described by
191	191	Subsection (h)] must be of sufficient quality so that members of the
192	192	public [at each location] can observe the demeanor or [and] hear the
193	193	voice, as applicable, of each participant in the open portion of the
194	194	meeting.
195	195	(n) [(k)] Without regard to whether a member of the
196	196	governmental body is participating in a meeting from a remote
197	197	location by videoconference call, a governmental body may allow a
198	198	member of the public to testify at a meeting from a remote location
199	199	by videoconference call.
200	200	(o) A governmental body that is holding a meeting by
201	201	videoconference call where public testimony is taken shall allow a
202	202	member of the public to testify from a remote location using video
203	203	or audio communication.
204	204	(p) If the governmental body prepares an agenda packet that
205	205	would have been distributed to members of the public at a
206	206	face-to-face meeting, the governmental body shall make the packet
207	207	available electronically so that members of the public observing
208	208	remotely can follow along with the meeting.
209	209	SECTION 3. Section 551.131(d), Government Code, is amended
210	210	to read as follows:
211	211	(d) A meeting held by telephone conference call must
212	212	otherwise comply with the procedures under Sections 551.125(c),
213	213	(d), [(e), and] (f), and (g).
214	214	SECTION 4. Section 61.06641(i), Education Code, is amended
215	215	to read as follows:
216	216	(i) Notwithstanding Chapter 551, Government Code, or any
217	217	other law, the advisory council may meet by telephone conference
218	218	call, videoconference, or other similar telecommunication method.
219	219	A meeting held by telephone conference call, videoconference, or
220	220	other similar telecommunication method is subject to the
221	221	requirements of Sections 551.125(c), (d), (f), and (g)
222	222	[551.125(c)-(f)], Government Code.
223	223	SECTION 5. Section 81.406(b), Health and Safety Code, is
224	224	amended to read as follows:
225	225	(b) The task force may meet telephonically in accordance
226	226	with Section 551.125 [551.125(b)(3)], Government Code.
227	227	SECTION 6. Section 117.056(b), Health and Safety Code, is
228	228	amended to read as follows:
229	229	(b) To ensure appropriate representation from all areas of
230	230	this state, the committee may meet by videoconference or telephone
231	231	conference call. A meeting held by videoconference or telephone
232	232	conference call under this subsection must comply with the
233	233	requirements applicable to a telephone conference call under
234	234	Sections 551.125(c), (d), [(e), and] (f), and (g), Government Code.
235	235	Sections 551.125(b) and 551.127, Government Code, do not apply to
236	236	the committee.
237	237	SECTION 7. Section 370.262(a), Transportation Code, is
238	238	amended to read as follows:
239	239	(a) Chapter 551, Government Code, does not prohibit any open
240	240	or closed meeting of the board, a committee of the board, or the
241	241	staff, or any combination of the board or staff, from being held by
242	242	telephone conference call. The board may hold an open or closed
243	243	meeting by telephone conference call subject to the requirements of
244	244	Sections 551.125(c), (d), (f), and (g) [551.125(c)-(f)],
245	245	Government Code, but is not subject to the requirements of
246	246	Subsection (b) of that section.
247	247	SECTION 8. This Act takes effect immediately if it receives
248	248	a vote of two-thirds of all the members elected to each house, as
249	249	provided by Section 39, Article III, Texas Constitution. If this
250	250	Act does not receive the vote necessary for immediate effect, this
251	251	Act takes effect September 1, 2021.