89R10078 MCK-D
By: Bettencourt S.B. No. 2485
A BILL TO BE ENTITLED
AN ACT
relating to the entities covered by the open meetings law and the
live broadcast and archived recording of an open meeting of a
governmental body.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.001(3), Government Code, is amended
to read as follows:
(3) "Governmental body" means:
(A) a board, commission, department, committee,
or agency within the executive or legislative branch of state
government that is directed by one or more elected or appointed
members;
(B) a county commissioners court in the state;
(C) a municipal governing body in the state;
(D) a deliberative body that has rulemaking or
quasi-judicial power and that is classified as a department,
agency, or political subdivision of a county or municipality;
(E) a school district board of trustees;
(F) a county board of school trustees;
(G) a county board of education;
(H) the governing board of a special district
created by law;
(I) a local workforce development board created
under Section 2308.253;
(J) a nonprofit corporation that is eligible to
receive funds under the federal community services block grant
program and that is authorized by this state to serve a geographic
area of the state;
(K) a nonprofit corporation organized under
Chapter 67, Water Code, that provides a water supply or wastewater
service, or both, and is exempt from ad valorem taxation under
Section 11.30, Tax Code;
(L) a joint board created under Section 22.074,
Transportation Code; [and]
(M) a board of directors of a reinvestment zone
created under Chapter 311, Tax Code;
(N) the board of directors of a public facility
corporation created under Chapter 303, Local Government Code;
(O) the board of directors of a housing finance
corporation created under Chapter 394, Local Government Code; and
(P) the governing body of a housing authority
created under Chapter 392, Local Government Code.
SECTION 2. Section 551.128, Government Code, is amended to
read as follows:
Sec. 551.128. LIVE [INTERNET] BROADCAST AND ARCHIVED
RECORDING OF OPEN MEETING. (a) In this section, "Internet" means
the largest nonproprietary cooperative public computer network,
popularly known as the Internet.
(b) A [Except as provided by Subsection (b-1) and subject to
the requirements of this section, a] governmental body shall:
(1) [may] broadcast each [an] open meeting on [over]
the governmental body's Internet website;
(2) [.
[(b-1) A transit authority or department subject to Chapter
451, 452, 453, or 460, Transportation Code, an elected school
district board of trustees for a school district that has a student
enrollment of 10,000 or more, an elected governing body of a
home-rule municipality that has a population of 50,000 or more, or a
county commissioners court for a county that has a population of
125,000 or more shall:
[(1)] make a video and audio recording of reasonable
quality of each[:
[(A) regularly scheduled] open meeting; [that is
not a work session or a special called meeting; and
[(B) open meeting that is a work session or
special called meeting if:
[(i) the governmental body is an elected
school district board of trustees for a school district that has a
student enrollment of 10,000 or more; and
[(ii) at the work session or special called
meeting, the board of trustees votes on any matter or allows public
comment or testimony;] and
(3) [(2)] make available an archived copy of the video
and audio recording of each open meeting [described by Subdivision
(1)] on the governmental body's Internet website.
(c) [(b-2) A governmental body described by Subsection
(b-1) may make available the archived recording of a meeting
required by Subsection (b-1) on an existing Internet site,
including a publicly accessible video-sharing or social networking
site. The governmental body is not required to establish a separate
Internet site and provide access to archived recordings of meetings
from that site.
[(b-3) A governmental body described by Subsection (b-1)
that maintains an Internet site shall make available on that site,
in a conspicuous manner:
[(1) the archived recording of each meeting to which
Subsection (b-1) applies; or
[(2) an accessible link to the archived recording of
each such meeting.
[(b-4)] A governmental body [described by Subsection (b-1)]
shall:
(1) make the archived recording of each open meeting
[to which Subsection (b-1) applies] available on the governmental
body's Internet website not later than the seventh day [seven days]
after the date the recording was made; and
(2) maintain the archived recording on the
governmental body's Internet website until the second anniversary
of [for not less than two years after] the date the recording was
first made available.
[(b-5) A governmental body described by Subsection (b-1) is
exempt from the requirements of Subsections (b-2) and (b-4) if the
governmental body's failure to make the required recording of a
meeting available is the result of a catastrophe, as defined by
Section 551.0411, or a technical breakdown. Following a
catastrophe or breakdown, a governmental body must make all
reasonable efforts to make the required recording available in a
timely manner.]
(d) [(b-6)] A governmental body [described by Subsection
(b-1)] may broadcast a regularly scheduled open meeting of the body
on television.
(e) A [(c) Except as provided by Subsection (b-2), a]
governmental body that does not have an [broadcasts a meeting over
the] Internet website may [shall establish an Internet site and
provide access to the] broadcast each open meeting and make
available the archived recording of each open meeting on an
existing [from that site. The governmental body shall provide on
the] Internet site, including a publicly accessible video-sharing
or social networking site. The governmental body shall include in
the [same] notice of the meeting a description of how to access:
(1) the live broadcast of the open meeting [that the
governmental body is required to post under Subchapter C. The
notice] on the Internet; and
(2) the archived recording of the open meeting on the
Internet [must be posted within the time required for posting
notice under Subchapter C].
SECTION 3. Section 472.036, Transportation Code, is amended
to read as follows:
Sec. 472.036. INTERNET BROADCAST AND ARCHIVE OF OPEN
MEETINGS. In a manner that complies with Section 551.128
[551.128(c)], Government Code, a metropolitan planning
organization that serves one or more counties with a population of
350,000 or more shall broadcast over the Internet live video and
audio of each open meeting held by the policy board. Subsequently,
the organization shall make available through the organization's
Internet website archived video and audio for each meeting for
which live video and audio was provided under this section.
SECTION 4. The changes in law made by this Act apply only to
an open meeting held on or after the effective date of this Act. An
open meeting held before the effective date of this Act is governed
by the law in effect on the date the open meeting is held, and the
former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2025.