1 | 1 | | 87R1072 MCK-D |
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2 | 2 | | By: West S.B. No. 341 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the Internet broadcast or audio recording of certain |
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8 | 8 | | open meetings. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter B, Chapter 551, Government Code, is |
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11 | 11 | | amended by adding Sections 551.024 and 551.025 to read as follows: |
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12 | 12 | | Sec. 551.024. INTERNET BROADCAST AND ARCHIVE OF OPEN |
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13 | 13 | | MEETINGS. (a) This section applies only to a governmental body |
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14 | 14 | | that is an agency within the executive or legislative branch of |
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15 | 15 | | state government to which the total appropriation made in the |
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16 | 16 | | General Appropriations Act from general revenue for any fiscal year |
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17 | 17 | | beginning on or after September 1, 2021, including any amount of |
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18 | 18 | | general revenue transferred to the governmental body under that Act |
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19 | 19 | | for that fiscal year, is greater than $10 million and for which the |
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20 | 20 | | bill pattern for the General Appropriations Act for the same fiscal |
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21 | 21 | | year designates 100 or more full-time employees. |
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22 | 22 | | (b) A governmental body that becomes subject to this section |
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23 | 23 | | under Subsection (a) for a fiscal year shall comply with this |
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24 | 24 | | section in each following fiscal year. |
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25 | 25 | | (c) A governmental body subject to this section shall |
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26 | 26 | | broadcast over the Internet live video and audio of each open |
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27 | 27 | | meeting of the governmental body. The governmental body shall |
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28 | 28 | | provide access to the broadcast on the governmental body's Internet |
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29 | 29 | | website. |
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30 | 30 | | (d) Not later than the seventh day after the date an open |
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31 | 31 | | meeting is broadcast under this section, the governmental body |
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32 | 32 | | shall make available through the governmental body's Internet |
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33 | 33 | | website archived video and audio of the open meeting. The |
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34 | 34 | | governmental body shall maintain the archived video and audio of |
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35 | 35 | | the open meeting on the governmental body's Internet website until |
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36 | 36 | | the second anniversary of the date the archived video and audio was |
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37 | 37 | | first made available on the website. |
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38 | 38 | | (e) The governmental body shall provide on the governmental |
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39 | 39 | | body's Internet website the same notice of the open meeting that the |
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40 | 40 | | governmental body is required to post under Subchapter C. The |
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41 | 41 | | notice must be posted on the governmental body's Internet website |
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42 | 42 | | within the time required for posting notice under Subchapter C. |
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43 | 43 | | (f) The governmental body may use for an Internet broadcast |
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44 | 44 | | of an open meeting of the governmental body a room made available to |
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45 | 45 | | the governmental body on request in any state building, as defined |
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46 | 46 | | by Section 2165.301. |
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47 | 47 | | (g) The governmental body is exempt from the requirements of |
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48 | 48 | | this section to the extent a catastrophe, as defined by Section |
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49 | 49 | | 551.0411, or a technical breakdown prevents the governmental body |
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50 | 50 | | from complying with this section. Following the catastrophe or |
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51 | 51 | | technical breakdown, the governmental body shall make all |
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52 | 52 | | reasonable efforts to make the required video and audio of the open |
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53 | 53 | | meeting available in a timely manner. |
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54 | 54 | | (h) The governmental body shall consider contracting |
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55 | 55 | | through competitive bidding with a private individual or entity to |
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56 | 56 | | broadcast and archive an open meeting subject to this section to |
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57 | 57 | | minimize the cost of complying with this section. |
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58 | 58 | | Sec. 551.025. INTERNET ACCESS TO AUDIO RECORDING OF OPEN |
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59 | 59 | | MEETING. (a) This section applies only to a governmental body that |
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60 | 60 | | is an agency within the executive or legislative branch of the state |
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61 | 61 | | government to which Section 551.024 does not apply. |
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62 | 62 | | (b) Not later than the seventh day after the date an open |
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63 | 63 | | meeting is held, a governmental body subject to this section shall |
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64 | 64 | | make available through the governmental body's Internet website or |
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65 | 65 | | a social media account associated with the governmental body an |
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66 | 66 | | audio recording of the open meeting. |
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67 | 67 | | (c) The governmental body shall provide on the governmental |
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68 | 68 | | body's Internet website or a social media account associated with |
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69 | 69 | | the governmental body the same notice of the open meeting that the |
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70 | 70 | | governmental body is required to post under Subchapter C. The |
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71 | 71 | | notice must be posted on the governmental body's Internet website |
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72 | 72 | | or a social media account associated with the governmental body |
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73 | 73 | | within the time required for posting notice under Subchapter C. |
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74 | 74 | | (d) The governmental body is exempt from the requirements of |
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75 | 75 | | this section to the extent a catastrophe, as defined by Section |
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76 | 76 | | 551.0411, or a technical breakdown prevents the governmental body |
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77 | 77 | | from complying with this section. Following the catastrophe or |
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78 | 78 | | technical breakdown, the governmental body shall make all |
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79 | 79 | | reasonable efforts to make the required audio recording of the open |
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80 | 80 | | meeting available in a timely manner. |
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81 | 81 | | SECTION 2. Sections 551.024 and 551.025, Government Code, |
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82 | 82 | | as added by this Act, apply only to an open meeting held on or after |
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83 | 83 | | September 1, 2023. |
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84 | 84 | | SECTION 3. This Act takes effect September 1, 2021. |
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