1 | 1 | | 89R10078 MCK-D |
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2 | 2 | | By: Bettencourt S.B. No. 2485 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the entities covered by the open meetings law and the |
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10 | 10 | | live broadcast and archived recording of an open meeting of a |
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11 | 11 | | governmental body. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 551.001(3), Government Code, is amended |
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14 | 14 | | to read as follows: |
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15 | 15 | | (3) "Governmental body" means: |
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16 | 16 | | (A) a board, commission, department, committee, |
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17 | 17 | | or agency within the executive or legislative branch of state |
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18 | 18 | | government that is directed by one or more elected or appointed |
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19 | 19 | | members; |
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20 | 20 | | (B) a county commissioners court in the state; |
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21 | 21 | | (C) a municipal governing body in the state; |
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22 | 22 | | (D) a deliberative body that has rulemaking or |
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23 | 23 | | quasi-judicial power and that is classified as a department, |
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24 | 24 | | agency, or political subdivision of a county or municipality; |
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25 | 25 | | (E) a school district board of trustees; |
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26 | 26 | | (F) a county board of school trustees; |
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27 | 27 | | (G) a county board of education; |
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28 | 28 | | (H) the governing board of a special district |
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29 | 29 | | created by law; |
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30 | 30 | | (I) a local workforce development board created |
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31 | 31 | | under Section 2308.253; |
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32 | 32 | | (J) a nonprofit corporation that is eligible to |
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33 | 33 | | receive funds under the federal community services block grant |
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34 | 34 | | program and that is authorized by this state to serve a geographic |
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35 | 35 | | area of the state; |
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36 | 36 | | (K) a nonprofit corporation organized under |
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37 | 37 | | Chapter 67, Water Code, that provides a water supply or wastewater |
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38 | 38 | | service, or both, and is exempt from ad valorem taxation under |
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39 | 39 | | Section 11.30, Tax Code; |
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40 | 40 | | (L) a joint board created under Section 22.074, |
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41 | 41 | | Transportation Code; [and] |
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42 | 42 | | (M) a board of directors of a reinvestment zone |
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43 | 43 | | created under Chapter 311, Tax Code; |
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44 | 44 | | (N) the board of directors of a public facility |
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45 | 45 | | corporation created under Chapter 303, Local Government Code; |
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46 | 46 | | (O) the board of directors of a housing finance |
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47 | 47 | | corporation created under Chapter 394, Local Government Code; and |
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48 | 48 | | (P) the governing body of a housing authority |
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49 | 49 | | created under Chapter 392, Local Government Code. |
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50 | 50 | | SECTION 2. Section 551.128, Government Code, is amended to |
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51 | 51 | | read as follows: |
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52 | 52 | | Sec. 551.128. LIVE [INTERNET] BROADCAST AND ARCHIVED |
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53 | 53 | | RECORDING OF OPEN MEETING. (a) In this section, "Internet" means |
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54 | 54 | | the largest nonproprietary cooperative public computer network, |
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55 | 55 | | popularly known as the Internet. |
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56 | 56 | | (b) A [Except as provided by Subsection (b-1) and subject to |
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57 | 57 | | the requirements of this section, a] governmental body shall: |
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58 | 58 | | (1) [may] broadcast each [an] open meeting on [over] |
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59 | 59 | | the governmental body's Internet website; |
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60 | 60 | | (2) [. |
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61 | 61 | | [(b-1) A transit authority or department subject to Chapter |
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62 | 62 | | 451, 452, 453, or 460, Transportation Code, an elected school |
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63 | 63 | | district board of trustees for a school district that has a student |
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64 | 64 | | enrollment of 10,000 or more, an elected governing body of a |
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65 | 65 | | home-rule municipality that has a population of 50,000 or more, or a |
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66 | 66 | | county commissioners court for a county that has a population of |
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67 | 67 | | 125,000 or more shall: |
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68 | 68 | | [(1)] make a video and audio recording of reasonable |
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69 | 69 | | quality of each[: |
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70 | 70 | | [(A) regularly scheduled] open meeting; [that is |
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71 | 71 | | not a work session or a special called meeting; and |
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72 | 72 | | [(B) open meeting that is a work session or |
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73 | 73 | | special called meeting if: |
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74 | 74 | | [(i) the governmental body is an elected |
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75 | 75 | | school district board of trustees for a school district that has a |
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76 | 76 | | student enrollment of 10,000 or more; and |
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77 | 77 | | [(ii) at the work session or special called |
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78 | 78 | | meeting, the board of trustees votes on any matter or allows public |
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79 | 79 | | comment or testimony;] and |
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80 | 80 | | (3) [(2)] make available an archived copy of the video |
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81 | 81 | | and audio recording of each open meeting [described by Subdivision |
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82 | 82 | | (1)] on the governmental body's Internet website. |
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83 | 83 | | (c) [(b-2) A governmental body described by Subsection |
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84 | 84 | | (b-1) may make available the archived recording of a meeting |
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85 | 85 | | required by Subsection (b-1) on an existing Internet site, |
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86 | 86 | | including a publicly accessible video-sharing or social networking |
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87 | 87 | | site. The governmental body is not required to establish a separate |
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88 | 88 | | Internet site and provide access to archived recordings of meetings |
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89 | 89 | | from that site. |
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90 | 90 | | [(b-3) A governmental body described by Subsection (b-1) |
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91 | 91 | | that maintains an Internet site shall make available on that site, |
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92 | 92 | | in a conspicuous manner: |
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93 | 93 | | [(1) the archived recording of each meeting to which |
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94 | 94 | | Subsection (b-1) applies; or |
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95 | 95 | | [(2) an accessible link to the archived recording of |
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96 | 96 | | each such meeting. |
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97 | 97 | | [(b-4)] A governmental body [described by Subsection (b-1)] |
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98 | 98 | | shall: |
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99 | 99 | | (1) make the archived recording of each open meeting |
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100 | 100 | | [to which Subsection (b-1) applies] available on the governmental |
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101 | 101 | | body's Internet website not later than the seventh day [seven days] |
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102 | 102 | | after the date the recording was made; and |
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103 | 103 | | (2) maintain the archived recording on the |
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104 | 104 | | governmental body's Internet website until the second anniversary |
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105 | 105 | | of [for not less than two years after] the date the recording was |
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106 | 106 | | first made available. |
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107 | 107 | | [(b-5) A governmental body described by Subsection (b-1) is |
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108 | 108 | | exempt from the requirements of Subsections (b-2) and (b-4) if the |
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109 | 109 | | governmental body's failure to make the required recording of a |
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110 | 110 | | meeting available is the result of a catastrophe, as defined by |
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111 | 111 | | Section 551.0411, or a technical breakdown. Following a |
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112 | 112 | | catastrophe or breakdown, a governmental body must make all |
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113 | 113 | | reasonable efforts to make the required recording available in a |
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114 | 114 | | timely manner.] |
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115 | 115 | | (d) [(b-6)] A governmental body [described by Subsection |
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116 | 116 | | (b-1)] may broadcast a regularly scheduled open meeting of the body |
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117 | 117 | | on television. |
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118 | 118 | | (e) A [(c) Except as provided by Subsection (b-2), a] |
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119 | 119 | | governmental body that does not have an [broadcasts a meeting over |
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120 | 120 | | the] Internet website may [shall establish an Internet site and |
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121 | 121 | | provide access to the] broadcast each open meeting and make |
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122 | 122 | | available the archived recording of each open meeting on an |
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123 | 123 | | existing [from that site. The governmental body shall provide on |
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124 | 124 | | the] Internet site, including a publicly accessible video-sharing |
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125 | 125 | | or social networking site. The governmental body shall include in |
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126 | 126 | | the [same] notice of the meeting a description of how to access: |
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127 | 127 | | (1) the live broadcast of the open meeting [that the |
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128 | 128 | | governmental body is required to post under Subchapter C. The |
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129 | 129 | | notice] on the Internet; and |
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130 | 130 | | (2) the archived recording of the open meeting on the |
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131 | 131 | | Internet [must be posted within the time required for posting |
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132 | 132 | | notice under Subchapter C]. |
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133 | 133 | | SECTION 3. Section 472.036, Transportation Code, is amended |
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134 | 134 | | to read as follows: |
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135 | 135 | | Sec. 472.036. INTERNET BROADCAST AND ARCHIVE OF OPEN |
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136 | 136 | | MEETINGS. In a manner that complies with Section 551.128 |
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137 | 137 | | [551.128(c)], Government Code, a metropolitan planning |
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138 | 138 | | organization that serves one or more counties with a population of |
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139 | 139 | | 350,000 or more shall broadcast over the Internet live video and |
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140 | 140 | | audio of each open meeting held by the policy board. Subsequently, |
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141 | 141 | | the organization shall make available through the organization's |
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142 | 142 | | Internet website archived video and audio for each meeting for |
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143 | 143 | | which live video and audio was provided under this section. |
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144 | 144 | | SECTION 4. The changes in law made by this Act apply only to |
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145 | 145 | | an open meeting held on or after the effective date of this Act. An |
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146 | 146 | | open meeting held before the effective date of this Act is governed |
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147 | 147 | | by the law in effect on the date the open meeting is held, and the |
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148 | 148 | | former law is continued in effect for that purpose. |
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149 | 149 | | SECTION 5. This Act takes effect September 1, 2025. |
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