1 | 1 | | 87R11344 TYPED |
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2 | 2 | | By: Zaffirini S.B. No. 924 |
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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 requirements for open meetings that are broadcast over |
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8 | 8 | | the Internet or held by telephone conference or videoconference |
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9 | 9 | | call. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subchapter A, Chapter 551, Government Code, is |
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12 | 12 | | amended by adding Section 551.008 to read as follows: |
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13 | 13 | | Sec. 551.008. PUBLIC ACCESS TO CERTAIN MEETINGS. (a) This |
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14 | 14 | | section applies only to an open meeting of a governmental body that: |
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15 | 15 | | (1) is held wholly or partly by: |
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16 | 16 | | (A) telephone conference call; or |
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17 | 17 | | (B) videoconference call; |
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18 | 18 | | (2) is broadcast live over the Internet; or |
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19 | 19 | | (3) uses a combination of those methods. |
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20 | 20 | | (b) The requirements prescribed by this section are in |
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21 | 21 | | addition to other requirements of law applicable to an open |
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22 | 22 | | meeting. Except as provided by this section, this section prevails |
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23 | 23 | | to the extent of a conflict with another provision of law. |
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24 | 24 | | (c) A governmental body shall ensure that members of the |
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25 | 25 | | public are able to listen to and, if applicable, speak at an open |
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26 | 26 | | meeting to which this section applies by telephone. |
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27 | 27 | | (d) A governmental body that holds an open meeting to which |
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28 | 28 | | this section applies shall: |
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29 | 29 | | (1) make the open meeting audible to the public by |
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30 | 30 | | telephone and at each location described by Subsection (e)(2); |
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31 | 31 | | (2) if the meeting is broadcast live over the Internet |
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32 | 32 | | or held wholly or partly by videoconference call, provide public |
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33 | 33 | | access to both audiovisual and audio-only feeds of the open meeting |
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34 | 34 | | over the Internet; and |
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35 | 35 | | (3) if applicable, allow members of the public to |
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36 | 36 | | address the governmental body as provided by Section 551.007: |
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37 | 37 | | (A) by telephone; and |
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38 | 38 | | (B) by videoconference call if the meeting is |
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39 | 39 | | held wholly or partly by videoconference call. |
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40 | 40 | | (e) The notice of an open meeting to which this section |
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41 | 41 | | applies must: |
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42 | 42 | | (1) comply with the terms of Chapter 551; |
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43 | 43 | | (2) list each physical location where a member of the |
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44 | 44 | | public may observe and participate in the meeting, including: |
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45 | 45 | | (A) any location that is open to the public where |
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46 | 46 | | a member of the governmental body intends to participate in the |
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47 | 47 | | meeting; and |
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48 | 48 | | (B) any facility provided by the governmental |
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49 | 49 | | body for a member of the public to observe or speak at the meeting; |
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50 | 50 | | (3) include a toll free telephone number that members |
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51 | 51 | | of the public may use to hear and, if applicable, speak at the |
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52 | 52 | | meeting; |
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53 | 53 | | (4) include access information for any audiovisual or |
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54 | 54 | | audio-only feeds required by Subsection (d)(2); and |
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55 | 55 | | (5) include instructions for a member of the public to |
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56 | 56 | | speak at the meeting: |
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57 | 57 | | (A) from a remote location; or |
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58 | 58 | | (B) while physically present at a location |
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59 | 59 | | described by Subdivision (2). |
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60 | 60 | | (f) An open meeting to which this section applies shall be |
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61 | 61 | | recorded. Except as otherwise provided by law, the recording shall |
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62 | 62 | | be made available to the public not later than 24 hours after the |
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63 | 63 | | adjourning of the meeting. |
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64 | 64 | | SECTION 2. Section 551.041(a), Government Code, is amended |
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65 | 65 | | to read as follows: |
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66 | 66 | | (a) A governmental body shall give written notice of the |
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67 | 67 | | date, hour, place, and subject of each meeting held by the |
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68 | 68 | | governmental body. Such notice shall include the subjects to be |
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69 | 69 | | considered in an open meeting and in a closed executive session, |
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70 | 70 | | indicating whether a subject will be discussed in an open or closed |
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71 | 71 | | session so that the public is aware of the subjects for public |
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72 | 72 | | deliberation. |
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73 | 73 | | SECTION 3. Sections 551.128(b) and (c), Government Code, |
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74 | 74 | | are amended to read as follows: |
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75 | 75 | | (b) Except as provided by Subsection (b-1) and subject to |
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76 | 76 | | the requirements of this section, a governmental body may broadcast |
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77 | 77 | | an open meeting over the Internet. A governmental body shall |
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78 | 78 | | broadcast an open meeting over the Internet if the physical |
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79 | 79 | | location of the meeting is not accessible to members of the public |
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80 | 80 | | or is not large enough to accommodate all persons seeking to attend |
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81 | 81 | | the meeting in person, including if the location has reduced |
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82 | 82 | | capacity as the result of a public emergency or disaster. |
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83 | 83 | | (c) Except as provided by Subsection (b-2), a governmental |
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84 | 84 | | body that broadcasts a meeting over the Internet shall establish an |
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85 | 85 | | Internet site and provide free and open access for members of the |
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86 | 86 | | public to the broadcast from that site. The governmental body shall |
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87 | 87 | | provide on the Internet site the same notice of the meeting that the |
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88 | 88 | | governmental body is required to post under Subchapter C. The |
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89 | 89 | | notice on the Internet must be posted within the time required for |
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90 | 90 | | posting notice under Subchapter C. |
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91 | 91 | | SECTION 4. The changes in law made by this Act apply only to |
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92 | 92 | | a meeting of a governmental body held on or after the effective date |
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93 | 93 | | of this Act. |
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94 | 94 | | SECTION 5. This Act takes effect September 1, 2021. |
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