Texas 2021 - 87th Regular

Texas Senate Bill SB861 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R5267 JON-D
1	2		By: Paxton S.B. No. 861
2		-	(In the Senate - Filed February 26, 2021; March 11, 2021,
3		-	read first time and referred to Committee on Business & Commerce;
4		-	April 9, 2021, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 8, Nays 1; April 9, 2021,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 861 By: Hancock
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to remote meetings under the open meetings law.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Section 551.125, Government Code, is amended to
16	10		read as follows:
17	11		Sec. 551.125. MEETING FROM REMOTE LOCATIONS BY TELEPHONE
18	12		CONFERENCE CALL [OTHER GOVERNMENTAL BODY]. (a) Except as
19	13		otherwise provided by this subchapter, this chapter does not
20	14		prohibit a governmental body from holding an open or closed meeting
21	15		from one or more remote locations by telephone conference call.
22	16		(b) A meeting held by telephone conference call may be held
23	17		only if:
24	18		(1) [an emergency or public necessity exists within
25	19		the meaning of Section 551.045 of this chapter; and
26	20		[(2)] the convening at one location of a quorum of the
27	21		governmental body is difficult or impossible; or
28	22		(2) [(3)] the meeting is held by an advisory board.
29	23		(c) The telephone conference call meeting is subject to the
30	24		notice requirements applicable to other meetings except as
31	25		otherwise provided by Subsection (d).
32	26		(d) The notice of the telephone conference call meeting
33	27		must:
34	28		(1) include the statement "Telephone conference call
35	29		under Section 551.125, Government Code" in lieu of the place of the
36	30		meeting;
37	31		(2) list each physical location where members of the
38	32		public may listen to or participate in the meeting, including:
39	33		(A) any location that is open to the public where
40	34		a member of the governmental body intends to participate in the
41	35		meeting; and
42	36		(B) any facility provided by the governmental
43	37		body for members of the public to listen to the meeting or provide
44		-	testimony ~~or comments~~;
	38	+	testimony;
45	39		(3) include access information for an audio feed of
46	40		the meeting; and
47	41		(4) if applicable, include instructions for members of
48		-	the public to provide testimony ~~or comments~~ to the governmental
49		-	~~body [specify~~ as the location of the meeting the location where
50		-	~~meetings of the~~ governmental body are usually held].
	42	+	the public to provide testimony to the governmental body [specify
	43	+	as the location of the meeting the location where meetings of the
	44	+	governmental body are usually held].
51	45		(e) Any method of access that is provided to the public for
52	46		listening to or participating in the telephone conference call
53	47		meeting must be widely available at no cost to the public,
54	48		including:
55	49		(1) a toll-free telephone number; or
56	50		(2) a free, widely available computer application that
57	51		can be installed on:
58	52		(A) a mobile telephone;
59	53		(B) a computer;
60	54		(C) an Internet-connected television; or
61	55		(D) a similar, widely available electronic
62	56		device.
63	57		(f) [(e)] Each part of the telephone conference call
64	58		meeting that is required to be open to the public shall be audible
65	59		to the public using the access information described by Subsection
66	60		(d) [at the location specified in the notice of the meeting as the
67	61		location of the meeting] and shall be recorded. The recording shall
68	62		be made available to the public.
69	63		(g) [(f)] The [location designated in the notice as the
70	64		location of the meeting shall provide two-way communication during
71	65		the entire telephone conference call meeting and the]
72	66		identification of each party to the telephone conference shall be
73	67		clearly stated prior to speaking.
74	68		(h) If the governmental body prepares an agenda packet that
75	69		would have been distributed to members of the public at a
76	70		face-to-face meeting, the governmental body shall make the packet
77	71		available electronically so that members of the public listening
78	72		remotely can follow along with the meeting.
79	73		SECTION 2. Section 551.127, Government Code, is amended to
80	74		read as follows:
81	75		Sec. 551.127. MEETING FROM REMOTE LOCATIONS BY
82	76		VIDEOCONFERENCE CALL. (a) Except as otherwise provided by this
83	77		section, this chapter does not prohibit a governmental body from
84	78		holding an open or closed meeting from one or more remote locations
85	79		by videoconference call.
86	80		(b) [(a-1)] A member or employee of a governmental body may
87	81		participate remotely in a meeting of the governmental body by means
88	82		of a videoconference call if the [video and] audio feed and, if
89	83		applicable, video feed of the member's or employee's participation
90	84		[, as applicable, is broadcast live at the meeting and] complies
91	85		with the provisions of this section.
92	86		(c) [(a-2)] A member of a governmental body who
93	87		participates in a meeting as provided by Subsection (b) [(a-1)]
94	88		shall be counted as present at the meeting for all purposes.
95	89		(d) [(a-3)] A member of a governmental body who
96	90		participates in a meeting by videoconference call shall be
97	91		considered absent from any portion of the meeting during which
98	92		audio [or video] communication with the member is lost or
99	93		disconnected. The governmental body may continue the meeting only
100	94		if members in a number sufficient to constitute a quorum of the body
101	95		remain audible and visible to each other and, during the open
102	96		portion of the meeting, to the public [remains present at the
103	97		meeting location or, if applicable, continues to participate in a
104	98		meeting conducted under Subsection (c)].
105	99		[(b) A meeting may be held by videoconference call only if a
106	100		quorum of the governmental body is physically present at one
107	101		location of the meeting, except as provided by Subsection (c).
108	102		[(c) A meeting of a state governmental body or a
109	103		governmental body that extends into three or more counties may be
110	104		held by videoconference call only if the member of the governmental
111	105		body presiding over the meeting is physically present at one
112	106		location of the meeting that is open to the public during the open
113	107		portions of the meeting.]
114	108		(e) [(d)] A meeting held by videoconference call is subject
115	109		to the notice requirements applicable to other meetings except as
116	110		otherwise provided by Subsection (f) [in addition to the notice
117	111		requirements prescribed by this section].
118	112		(f) [(e)] The notice of a meeting to be held by
119	113		videoconference call must:
120	114		(1) include the statement "Videoconference call under
121	115		Section 551.127, Government Code" in lieu of the place of the
122	116		meeting;
123	117		(2) list each physical location where members of the
124	118		public may observe or participate in the meeting, including:
125	119		(A) any location that is open to the public where
126	120		a member of the governmental body intends to participate in the
127	121		meeting; and
128	122		(B) any facility provided by the governmental
129	123		body for members of the public to observe the meeting or provide
130		-	testimony ~~or comments~~;
	124	+	testimony;
131	125		(3) include access information for both audio-only and
132	126		audiovisual feeds of the meeting; and
133	127		(4) if applicable, include instructions for members of
134		-	the public to provide testimony or comments to the governmental
135		-	body [specify as a location of the meeting the location where a
136		-	quorum of the governmental body will be physically present and
137		-	specify the intent to have a quorum present at that location, except
138		-	that the notice of a meeting to be held by videoconference call
139		-	under Subsection (c) must specify as a location of the meeting the
140		-	location where the member of the governmental body presiding over
141		-	the meeting will be physically present and specify the intent to
142		-	have the member of the governmental body presiding over the meeting
143		-	present at that location. The location where the member of the
144		-	governmental body presiding over the meeting is physically present
145		-	shall be open to the public during the open portions of the
146		-	meeting].
	128	+	the public to provide testimony to the governmental body [specify
	129	+	as a location of the meeting the location where a quorum of the
	130	+	governmental body will be physically present and specify the intent
	131	+	to have a quorum present at that location, except that the notice of
	132	+	a meeting to be held by videoconference call under Subsection (c)
	133	+	must specify as a location of the meeting the location where the
	134	+	member of the governmental body presiding over the meeting will be
	135	+	physically present and specify the intent to have the member of the
	136	+	governmental body presiding over the meeting present at that
	137	+	location. The location where the member of the governmental body
	138	+	presiding over the meeting is physically present shall be open to
	139	+	the public during the open portions of the meeting].
147	140		(g) Any method of access that is provided to the public for
148	141		the purpose of observing or participating in a meeting held under
149	142		this section must be widely available at no cost to the public,
150	143		including:
151	144		(1) a toll-free telephone number; or
152	145		(2) a free, widely available computer application that
153	146		can be installed on:
154	147		(A) a mobile telephone;
155	148		(B) a computer;
156	149		(C) an Internet-connected television; or
157	150		(D) a similar, widely available electronic
158	151		device.
159	152		(h) [(f)] Each portion of a meeting held by videoconference
160	153		call that is required to be open to the public shall be [visible
161	154		and] audible and, if applicable, visible to the public using the
162	155		access information described by Subsection (f) [at the location
163	156		specified under Subsection (e)]. If a problem occurs that causes a
164	157		meeting to no longer be [visible and] audible to the public [at that
165	158		location], the meeting must be recessed until the problem is
166	159		resolved. If the problem is not resolved in six hours or less, the
167	160		meeting must be adjourned.
168	161		(i) [(g)] The governmental body shall make at least an audio
169	162		recording of the meeting. The recording shall be made available to
170	163		the public.
171	164		(j) [(h) The location specified under Subsection (e), and
172	165		each remote location from which a member of the governmental body
173	166		participates, shall have two-way audio and video communication with
174	167		each other location during the entire meeting.] The face of each
175	168		participant in the videoconference call who is participating in the
176	169		call using video communication, while that participant is speaking,
177	170		shall be clearly visible, and the voice audible, to each other
178	171		participant and, during the open portion of the meeting, to the
179	172		members of the public, including [in attendance at the physical
180	173		location described by Subsection (e) and] at any [other] location
181	174		described by Subsection (f)(2) [of the meeting that is open to the
182	175		public].
183	176		(k) A participant in the videoconference call using solely
184	177		audio communication:
185	178		(1) shall, while the participant is speaking, be
186	179		clearly audible to each other participant and, during the open
187	180		portion of the meeting, to the members of the public, including at
188	181		any location described by Subsection (f)(2); and
189	182		(2) must be clearly identified before speaking.
190	183		(l) [(i)] The Department of Information Resources by rule
191		-	shall specify minimum technical standards for [audio and ~~video~~
192		-	signals at] a meeting held by videoconference call. [The ~~quality of~~
193		-	the audio and video signals perceptible at each location ~~of the~~
194		-	meeting must meet or exceed those standards.]
	184	+	shall specify minimum technical quality standards for [audio and
	185	+	video signals at] a meeting held by videoconference call. [The
	186	+	quality of the audio and video signals perceptible at each location
	187	+	of the meeting must meet or exceed those standards.]
195	188		(m) [(j)] The audio and video signals perceptible by
196	189		members of the public using the access information described under
197	190		Subsection (f) [at each location of the meeting described by
198	191		Subsection (h)] must be of sufficient quality so that members of the
199	192		public [at each location] can observe the demeanor or [and] hear the
200	193		voice, as applicable, of each participant in the open portion of the
201	194		meeting.
202	195		(n) [(k)] Without regard to whether a member of the
203	196		governmental body is participating in a meeting from a remote
204	197		location by videoconference call, a governmental body may allow a
205		-	member of the public to testify ~~or provide comments~~ at a meeting
206		-	~~from a remote location~~ by videoconference call.
	198	+	member of the public to testify at a meeting from a remote location
	199	+	by videoconference call.
207	200		(o) A governmental body that is holding a meeting by
208		-	videoconference call where public testimony is taken or comments
209		-	are provided shall allow a member of the public to testify or
210		-	provide comments from a remote location using video or audio
211		-	communication.
	201	+	videoconference call where public testimony is taken shall allow a
	202	+	member of the public to testify from a remote location using video
	203	+	or audio communication.
212	204		(p) If the governmental body prepares an agenda packet that
213	205		would have been distributed to members of the public at a
214	206		face-to-face meeting, the governmental body shall make the packet
215	207		available electronically so that members of the public observing
216	208		remotely can follow along with the meeting.
217		-	(q) This subsection applies only to a governmental body
218		-	located in an area of this state that the state broadband
219		-	development office designates as eligible under the state broadband
220		-	development program. Notwithstanding Subsection (d) or (j), a
221		-	member of the governmental body may participate remotely in an open
222		-	or closed meeting of the governmental body using solely audio
223		-	communication and shall be counted as present during the meeting
224		-	provided that:
225		-	(1) the identification of each participant in the
226		-	meeting is clearly stated prior to speaking;
227		-	(2) the member is considered absent from any portion
228		-	of the meeting during which audio communication with the member is
229		-	lost or disconnected; and
230		-	(3) the governmental body may continue the meeting
231		-	only if members in a number sufficient to constitute a quorum of the
232		-	body remain audible to each other and, during the open portion of
233		-	the meeting, to the public.
234	209		SECTION 3. Section 551.131(d), Government Code, is amended
235	210		to read as follows:
236	211		(d) A meeting held by telephone conference call must
237	212		otherwise comply with the procedures under Sections 551.125(c),
238	213		(d), [(e), and] (f), and (g).
239		-	SECTION 4. Subchapter F, Chapter 551, Government Code, is
240		-	amended by adding Section 551.132 to read as follows:
241		-	Sec. 551.132. REMOTE PARTICIPATION BY SINGLE MEMBER. (a)
242		-	Notwithstanding Section 551.125 or 551.127, this chapter does not
243		-	prohibit a governmental body with three or more members from
244		-	holding an open or closed meeting where not more than one member of
245		-	the body is participating remotely through the use of a telephone or
246		-	computer application, provided that:
247		-	(1) when speaking, the member who is participating
248		-	remotely is clearly audible to each other member of the body and,
249		-	during the portion of the meeting that is open, to the public in
250		-	attendance at the physical location of the meeting;
251		-	(2) the member who is participating remotely is able
252		-	to hear all portions of the meeting; and
253		-	(3) the identification of each participant in the
254		-	meeting is clearly stated prior to speaking.
255		-	(b) A member of a governmental body who participates in a
256		-	meeting under this section shall be counted as present at the
257		-	meeting for all purposes, except that the member shall be counted as
258		-	absent from any portion of the meeting during which audio
259		-	communication with the member is lost or disconnected.
260		-	(c) If a problem occurs where a quorum of a governmental
261		-	body is not participating in a meeting under this section, the
262		-	meeting must be recessed until the problem is resolved. If the
263		-	problem is not resolved in six hours or less, the meeting must be
264		-	adjourned.
265		-	SECTION 5. Section 61.06641(i), Education Code, is amended
	214	+	SECTION 4. Section 61.06641(i), Education Code, is amended
266	215		to read as follows:
267	216		(i) Notwithstanding Chapter 551, Government Code, or any
268	217		other law, the advisory council may meet by telephone conference
269	218		call, videoconference, or other similar telecommunication method.
270	219		A meeting held by telephone conference call, videoconference, or
271	220		other similar telecommunication method is subject to the
272	221		requirements of Sections 551.125(c), (d), (f), and (g)
273	222		[551.125(c)-(f)], Government Code.
274		-	SECTION 6. Section 81.406(b), Health and Safety Code, is
	223	+	SECTION 5. Section 81.406(b), Health and Safety Code, is
275	224		amended to read as follows:
276	225		(b) The task force may meet telephonically in accordance
277	226		with Section 551.125 [551.125(b)(3)], Government Code.
278		-	SECTION 7. Section 117.056(b), Health and Safety Code, is
	227	+	SECTION 6. Section 117.056(b), Health and Safety Code, is
279	228		amended to read as follows:
280	229		(b) To ensure appropriate representation from all areas of
281	230		this state, the committee may meet by videoconference or telephone
282	231		conference call. A meeting held by videoconference or telephone
283	232		conference call under this subsection must comply with the
284	233		requirements applicable to a telephone conference call under
285	234		Sections 551.125(c), (d), [(e), and] (f), and (g), Government Code.
286	235		Sections 551.125(b) and 551.127, Government Code, do not apply to
287	236		the committee.
288		-	SECTION 8. Section 370.262(a), Transportation Code, is
	237	+	SECTION 7. Section 370.262(a), Transportation Code, is
289	238		amended to read as follows:
290	239		(a) Chapter 551, Government Code, does not prohibit any open
291	240		or closed meeting of the board, a committee of the board, or the
292	241		staff, or any combination of the board or staff, from being held by
293	242		telephone conference call. The board may hold an open or closed
294	243		meeting by telephone conference call subject to the requirements of
295	244		Sections 551.125(c), (d), (f), and (g) [551.125(c)-(f)],
296	245		Government Code, but is not subject to the requirements of
297	246		Subsection (b) of that section.
298		-	SECTION 9. This Act takes effect immediately if it receives
	247	+	SECTION 8. This Act takes effect immediately if it receives
299	248		a vote of two-thirds of all the members elected to each house, as
300	249		provided by Section 39, Article III, Texas Constitution. If this
301	250		Act does not receive the vote necessary for immediate effect, this
302	251		Act takes effect September 1, 2021.
303		-	* * * * *