Texas 2025 - 89th Regular

Texas Senate Bill SB2485 Compare Versions

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11 89R10078 MCK-D
22 By: Bettencourt S.B. No. 2485
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the entities covered by the open meetings law and the
1010 live broadcast and archived recording of an open meeting of a
1111 governmental body.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 551.001(3), Government Code, is amended
1414 to read as follows:
1515 (3) "Governmental body" means:
1616 (A) a board, commission, department, committee,
1717 or agency within the executive or legislative branch of state
1818 government that is directed by one or more elected or appointed
1919 members;
2020 (B) a county commissioners court in the state;
2121 (C) a municipal governing body in the state;
2222 (D) a deliberative body that has rulemaking or
2323 quasi-judicial power and that is classified as a department,
2424 agency, or political subdivision of a county or municipality;
2525 (E) a school district board of trustees;
2626 (F) a county board of school trustees;
2727 (G) a county board of education;
2828 (H) the governing board of a special district
2929 created by law;
3030 (I) a local workforce development board created
3131 under Section 2308.253;
3232 (J) a nonprofit corporation that is eligible to
3333 receive funds under the federal community services block grant
3434 program and that is authorized by this state to serve a geographic
3535 area of the state;
3636 (K) a nonprofit corporation organized under
3737 Chapter 67, Water Code, that provides a water supply or wastewater
3838 service, or both, and is exempt from ad valorem taxation under
3939 Section 11.30, Tax Code;
4040 (L) a joint board created under Section 22.074,
4141 Transportation Code; [and]
4242 (M) a board of directors of a reinvestment zone
4343 created under Chapter 311, Tax Code;
4444 (N) the board of directors of a public facility
4545 corporation created under Chapter 303, Local Government Code;
4646 (O) the board of directors of a housing finance
4747 corporation created under Chapter 394, Local Government Code; and
4848 (P) the governing body of a housing authority
4949 created under Chapter 392, Local Government Code.
5050 SECTION 2. Section 551.128, Government Code, is amended to
5151 read as follows:
5252 Sec. 551.128. LIVE [INTERNET] BROADCAST AND ARCHIVED
5353 RECORDING OF OPEN MEETING. (a) In this section, "Internet" means
5454 the largest nonproprietary cooperative public computer network,
5555 popularly known as the Internet.
5656 (b) A [Except as provided by Subsection (b-1) and subject to
5757 the requirements of this section, a] governmental body shall:
5858 (1) [may] broadcast each [an] open meeting on [over]
5959 the governmental body's Internet website;
6060 (2) [.
6161 [(b-1) A transit authority or department subject to Chapter
6262 451, 452, 453, or 460, Transportation Code, an elected school
6363 district board of trustees for a school district that has a student
6464 enrollment of 10,000 or more, an elected governing body of a
6565 home-rule municipality that has a population of 50,000 or more, or a
6666 county commissioners court for a county that has a population of
6767 125,000 or more shall:
6868 [(1)] make a video and audio recording of reasonable
6969 quality of each[:
7070 [(A) regularly scheduled] open meeting; [that is
7171 not a work session or a special called meeting; and
7272 [(B) open meeting that is a work session or
7373 special called meeting if:
7474 [(i) the governmental body is an elected
7575 school district board of trustees for a school district that has a
7676 student enrollment of 10,000 or more; and
7777 [(ii) at the work session or special called
7878 meeting, the board of trustees votes on any matter or allows public
7979 comment or testimony;] and
8080 (3) [(2)] make available an archived copy of the video
8181 and audio recording of each open meeting [described by Subdivision
8282 (1)] on the governmental body's Internet website.
8383 (c) [(b-2) A governmental body described by Subsection
8484 (b-1) may make available the archived recording of a meeting
8585 required by Subsection (b-1) on an existing Internet site,
8686 including a publicly accessible video-sharing or social networking
8787 site. The governmental body is not required to establish a separate
8888 Internet site and provide access to archived recordings of meetings
8989 from that site.
9090 [(b-3) A governmental body described by Subsection (b-1)
9191 that maintains an Internet site shall make available on that site,
9292 in a conspicuous manner:
9393 [(1) the archived recording of each meeting to which
9494 Subsection (b-1) applies; or
9595 [(2) an accessible link to the archived recording of
9696 each such meeting.
9797 [(b-4)] A governmental body [described by Subsection (b-1)]
9898 shall:
9999 (1) make the archived recording of each open meeting
100100 [to which Subsection (b-1) applies] available on the governmental
101101 body's Internet website not later than the seventh day [seven days]
102102 after the date the recording was made; and
103103 (2) maintain the archived recording on the
104104 governmental body's Internet website until the second anniversary
105105 of [for not less than two years after] the date the recording was
106106 first made available.
107107 [(b-5) A governmental body described by Subsection (b-1) is
108108 exempt from the requirements of Subsections (b-2) and (b-4) if the
109109 governmental body's failure to make the required recording of a
110110 meeting available is the result of a catastrophe, as defined by
111111 Section 551.0411, or a technical breakdown. Following a
112112 catastrophe or breakdown, a governmental body must make all
113113 reasonable efforts to make the required recording available in a
114114 timely manner.]
115115 (d) [(b-6)] A governmental body [described by Subsection
116116 (b-1)] may broadcast a regularly scheduled open meeting of the body
117117 on television.
118118 (e) A [(c) Except as provided by Subsection (b-2), a]
119119 governmental body that does not have an [broadcasts a meeting over
120120 the] Internet website may [shall establish an Internet site and
121121 provide access to the] broadcast each open meeting and make
122122 available the archived recording of each open meeting on an
123123 existing [from that site. The governmental body shall provide on
124124 the] Internet site, including a publicly accessible video-sharing
125125 or social networking site. The governmental body shall include in
126126 the [same] notice of the meeting a description of how to access:
127127 (1) the live broadcast of the open meeting [that the
128128 governmental body is required to post under Subchapter C. The
129129 notice] on the Internet; and
130130 (2) the archived recording of the open meeting on the
131131 Internet [must be posted within the time required for posting
132132 notice under Subchapter C].
133133 SECTION 3. Section 472.036, Transportation Code, is amended
134134 to read as follows:
135135 Sec. 472.036. INTERNET BROADCAST AND ARCHIVE OF OPEN
136136 MEETINGS. In a manner that complies with Section 551.128
137137 [551.128(c)], Government Code, a metropolitan planning
138138 organization that serves one or more counties with a population of
139139 350,000 or more shall broadcast over the Internet live video and
140140 audio of each open meeting held by the policy board. Subsequently,
141141 the organization shall make available through the organization's
142142 Internet website archived video and audio for each meeting for
143143 which live video and audio was provided under this section.
144144 SECTION 4. The changes in law made by this Act apply only to
145145 an open meeting held on or after the effective date of this Act. An
146146 open meeting held before the effective date of this Act is governed
147147 by the law in effect on the date the open meeting is held, and the
148148 former law is continued in effect for that purpose.
149149 SECTION 5. This Act takes effect September 1, 2025.