By: Paxton S.B. No. 861
(In the Senate - Filed February 26, 2021; March 11, 2021,
read first time and referred to Committee on Business & Commerce;
April 9, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 1; April 9, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 861 By: Hancock
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, Government Code, is amended to
read as follows:
Sec. 551.125. MEETING FROM REMOTE LOCATIONS BY TELEPHONE
CONFERENCE CALL [OTHER GOVERNMENTAL BODY]. (a) Except as
otherwise provided by this subchapter, this chapter does not
prohibit a governmental body from holding an open or closed meeting
from one or more remote locations by telephone conference call.
(b) A meeting held by telephone conference call may be held
only if:
(1) [an emergency or public necessity exists within
the meaning of Section 551.045 of this chapter; and
[(2)] the convening at one location of a quorum of the
governmental body is difficult or impossible; or
(2) [(3)] the meeting is held by an advisory board.
(c) The telephone conference call meeting is subject to the
notice requirements applicable to other meetings except as
otherwise provided by Subsection (d).
(d) The notice of the telephone conference call meeting
must:
(1) include the statement "Telephone conference call
under Section 551.125, Government Code" in lieu of the place of the
meeting;
(2) list each physical location where members of the
public may listen to or participate in the meeting, including:
(A) any location that is open to the public where
a member of the governmental body intends to participate in the
meeting; and
(B) any facility provided by the governmental
body for members of the public to listen to the meeting or provide
testimony or comments;
(3) include access information for an audio feed of
the meeting; and
(4) if applicable, include instructions for members of
the public to provide testimony or comments to the governmental
body [specify as the location of the meeting the location where
meetings of the governmental body are usually held].
(e) Any method of access that is provided to the public for
listening to or participating in the telephone conference call
meeting must be widely available at no cost to the public,
including:
(1) a toll-free telephone number; or
(2) a free, widely available computer application that
can be installed on:
(A) a mobile telephone;
(B) a computer;
(C) an Internet-connected television; or
(D) a similar, widely available electronic
device.
(f) [(e)] Each part of the telephone conference call
meeting that is required to be open to the public shall be audible
to the public using the access information described by Subsection
(d) [at the location specified in the notice of the meeting as the
location of the meeting] and shall be recorded. The recording shall
be made available to the public.
(g) [(f)] The [location designated in the notice as the
location of the meeting shall provide two-way communication during
the entire telephone conference call meeting and the]
identification of each party to the telephone conference shall be
clearly stated prior to speaking.
(h) If the governmental body prepares an agenda packet that
would have been distributed to members of the public at a
face-to-face meeting, the governmental body shall make the packet
available electronically so that members of the public listening
remotely can follow along with the meeting.
SECTION 2. Section 551.127, Government Code, is amended to
read as follows:
Sec. 551.127. MEETING FROM REMOTE LOCATIONS BY
VIDEOCONFERENCE CALL. (a) Except as otherwise provided by this
section, this chapter does not prohibit a governmental body from
holding an open or closed meeting from one or more remote locations
by videoconference call.
(b) [(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 and, if
applicable, video 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.
(c) [(a-2)] A member of a governmental body who
participates in a meeting as provided by Subsection (b) [(a-1)]
shall be counted as present at the meeting for all purposes.
(d) [(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 members in a number sufficient to constitute a quorum of the body
remain audible and visible to each other and, during the open
portion of the meeting, to the public [remains present at the
meeting location or, if applicable, continues to participate in a
meeting conducted under Subsection (c)].
[(b) A meeting may be held by videoconference call only if a
quorum of the governmental body is physically present at one
location of the meeting, except as provided by Subsection (c).
[(c) A meeting of a state governmental body or a
governmental body that extends into three or more counties 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.]
(e) [(d)] A meeting held by videoconference call is subject
to the notice requirements applicable to other meetings except as
otherwise provided by Subsection (f) [in addition to the notice
requirements prescribed by this section].
(f) [(e)] The notice of a meeting to be held by
videoconference call must:
(1) include the statement "Videoconference call under
Section 551.127, Government Code" in lieu of the place of the
meeting;
(2) list each physical location where members of the
public may observe or participate in the meeting, including:
(A) any location that is open to the public where
a member of the governmental body intends to participate in the
meeting; and
(B) any facility provided by the governmental
body for members of the public to observe the meeting or provide
testimony or comments;
(3) include access information for both audio-only and
audiovisual feeds of the meeting; and
(4) if applicable, include instructions for members of
the public to provide testimony or comments to the governmental
body [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].
(g) Any method of access that is provided to the public for
the purpose of observing or participating in a meeting held under
this section must be widely available at no cost to the public,
including:
(1) a toll-free telephone number; or
(2) a free, widely available computer application that
can be installed on:
(A) a mobile telephone;
(B) a computer;
(C) an Internet-connected television; or
(D) a similar, widely available electronic
device.
(h) [(f)] Each portion of a meeting held by videoconference
call that is required to be open to the public shall be [visible
and] audible and, if applicable, visible to the public using the
access information described by Subsection (f) [at the location
specified under Subsection (e)]. If a problem occurs that causes a
meeting to no longer be [visible and] audible to the public [at that
location], the meeting must be recessed until the problem is
resolved. If the problem is not resolved in six hours or less, the
meeting must be adjourned.
(i) [(g)] The governmental body shall make at least an audio
recording of the meeting. The recording shall be made available to
the public.
(j) [(h) The location specified under Subsection (e), and
each remote location from which a member of the governmental body
participates, shall have two-way audio and video communication with
each other location during the entire meeting.] The face of each
participant in the videoconference call who is participating in the
call using video communication, while that participant is speaking,
shall be clearly visible, and the voice audible, to each other
participant and, during the open portion of the meeting, to the
members of the public, including [in attendance at the physical
location described by Subsection (e) and] at any [other] location
described by Subsection (f)(2) [of the meeting that is open to the
public].
(k) A participant in the videoconference call using solely
audio communication:
(1) shall, while the participant is speaking, be
clearly audible to each other participant and, during the open
portion of the meeting, to the members of the public, including at
any location described by Subsection (f)(2); and
(2) must be clearly identified before speaking.
(l) [(i)] The Department of Information Resources by rule
shall specify minimum technical standards for [audio and video
signals at] a meeting held by videoconference call. [The quality of
the audio and video signals perceptible at each location of the
meeting must meet or exceed those standards.]
(m) [(j)] The audio and video signals perceptible by
members of the public using the access information described under
Subsection (f) [at each location of the meeting described by
Subsection (h)] must be of sufficient quality so that members of the
public [at each location] can observe the demeanor or [and] hear the
voice, as applicable, of each participant in the open portion of the
meeting.
(n) [(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
member of the public to testify or provide comments at a meeting
from a remote location by videoconference call.
(o) A governmental body that is holding a meeting by
videoconference call where public testimony is taken or comments
are provided shall allow a member of the public to testify or
provide comments from a remote location using video or audio
communication.
(p) If the governmental body prepares an agenda packet that
would have been distributed to members of the public at a
face-to-face meeting, the governmental body shall make the packet
available electronically so that members of the public observing
remotely can follow along with the meeting.
(q) This subsection applies only to a governmental body
located in an area of this state that the state broadband
development office designates as eligible under the state broadband
development program. Notwithstanding Subsection (d) or (j), a
member of the governmental body may participate remotely in an open
or closed meeting of the governmental body using solely audio
communication and shall be counted as present during the meeting
provided that:
(1) the identification of each participant in the
meeting is clearly stated prior to speaking;
(2) the member is considered absent from any portion
of the meeting during which audio communication with the member is
lost or disconnected; and
(3) the governmental body may continue the meeting
only if members in a number sufficient to constitute a quorum of the
body remain audible to each other and, during the open portion of
the meeting, to the public.
SECTION 3. Section 551.131(d), Government Code, is amended
to read as follows:
(d) A meeting held by telephone conference call must
otherwise comply with the procedures under Sections 551.125(c),
(d), [(e), and] (f), and (g).
SECTION 4. Subchapter F, Chapter 551, Government Code, is
amended by adding Section 551.132 to read as follows:
Sec. 551.132. REMOTE PARTICIPATION BY SINGLE MEMBER. (a)
Notwithstanding Section 551.125 or 551.127, this chapter does not
prohibit a governmental body with three or more members from
holding an open or closed meeting where not more than one member of
the body is participating remotely through the use of a telephone or
computer application, provided that:
(1) when speaking, the member who is participating
remotely is clearly audible to each other member of the body and,
during the portion of the meeting that is open, to the public in
attendance at the physical location of the meeting;
(2) the member who is participating remotely is able
to hear all portions of the meeting; and
(3) the identification of each participant in the
meeting is clearly stated prior to speaking.
(b) A member of a governmental body who participates in a
meeting under this section shall be counted as present at the
meeting for all purposes, except that the member shall be counted as
absent from any portion of the meeting during which audio
communication with the member is lost or disconnected.
(c) If a problem occurs where a quorum of a governmental
body is not participating in a meeting under this section, the
meeting must be recessed until the problem is resolved. If the
problem is not resolved in six hours or less, the meeting must be
adjourned.
SECTION 5. Section 61.06641(i), Education Code, is amended
to read as follows:
(i) Notwithstanding Chapter 551, Government Code, or any
other law, the advisory council may meet by telephone conference
call, videoconference, or other similar telecommunication method.
A meeting held by telephone conference call, videoconference, or
other similar telecommunication method is subject to the
requirements of Sections 551.125(c), (d), (f), and (g)
[551.125(c)-(f)], Government Code.
SECTION 6. 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 [551.125(b)(3)], Government Code.
SECTION 7. Section 117.056(b), Health and Safety Code, is
amended to read as follows:
(b) To ensure appropriate representation from all areas of
this state, the committee may meet by videoconference or telephone
conference call. A meeting held by videoconference or telephone
conference call under this subsection must comply with the
requirements applicable to a telephone conference call under
Sections 551.125(c), (d), [(e), and] (f), and (g), Government Code.
Sections 551.125(b) and 551.127, Government Code, do not apply to
the committee.
SECTION 8. Section 370.262(a), Transportation Code, is
amended to read as follows:
(a) Chapter 551, Government Code, does not prohibit any open
or closed meeting of the board, a committee of the board, or the
staff, or any combination of the board or staff, from being held by
telephone conference call. The board may hold an open or closed
meeting by telephone conference call subject to the requirements of
Sections 551.125(c), (d), (f), and (g) [551.125(c)-(f)],
Government Code, but is not subject to the requirements of
Subsection (b) of that section.
SECTION 9. 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.
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