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A BILL TO BE ENTITLED
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AN ACT
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relating to remote and other meetings held under the open meetings |
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law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 551, Government Code, is |
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amended by adding Section 551.008 to read as follows: |
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Sec. 551.008. PUBLIC ACCESS TO CERTAIN MEETINGS. (a) This |
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section applies only to an open meeting of a governmental body at |
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which at least a majority of the members of the body participate by |
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a method other than by appearing in person at the meeting's physical |
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location, including by telephone conference call or |
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videoconference call. |
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(b) The requirements prescribed by this section are in |
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addition to other requirements of law applicable to an open |
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meeting. Except as provided by this section, this section prevails |
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to the extent of a conflict with another provision of law. |
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(c) A governmental body shall ensure that members of the |
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public are able to listen to and, if applicable, speak at an open |
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meeting to which this section applies by telephone. |
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(d) A governmental body that holds an open meeting to which |
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this section applies shall: |
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(1) make the open meeting audible to the public by |
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telephone and at each location described by Subsection (e)(2); |
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(2) if the meeting is broadcast live over the Internet |
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or held wholly or partly by videoconference call, provide public |
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access to both audiovisual and audio-only feeds of the open meeting |
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over the Internet; and |
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(3) if applicable, allow members of the public to |
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address the governmental body as provided by Section 551.007: |
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(A) by telephone; and |
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(B) by videoconference call if the meeting is |
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held wholly or partly by videoconference call. |
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(e) The notice of an open meeting to which this section |
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applies must: |
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(1) comply with the requirements of this chapter; |
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(2) list each physical location where a member of the |
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public may observe and participate in the meeting, including: |
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(A) any location that is open to the public where |
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a member of the governmental body intends to participate in the |
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meeting; and |
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(B) any facility provided by the governmental |
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body for a member of the public to observe or speak at the meeting; |
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(3) include a toll free telephone number that members |
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of the public may use to hear and, if applicable, speak at the |
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meeting; |
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(4) include access information for any audiovisual or |
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audio-only feeds required by Subsection (d)(2); and |
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(5) include instructions for a member of the public to |
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speak at the meeting: |
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(A) from a remote location; or |
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(B) while physically present at a location |
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described by Subdivision (2). |
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(f) An open meeting to which this section applies shall be |
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recorded. Except as otherwise provided by law, the recording shall |
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be made available to the public not later than 24 hours after the |
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adjourning of the meeting. |
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SECTION 2. Section 551.041, Government Code, is amended to |
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read as follows: |
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Sec. 551.041. NOTICE OF MEETING REQUIRED. (a) A |
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governmental body shall give written notice of the date, hour, |
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place, and subject of each meeting held by the governmental body. |
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(b) The notice must include: |
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(1) an agenda of the specific subjects to be |
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considered in the open meeting so that the public is aware of the |
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subjects for public deliberation; and |
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(2) to the extent foreseeable at the time the notice is |
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posted, the subjects to be considered in a closed meeting. |
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(c) A governmental body may not conduct a closed meeting on |
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a subject not included in the notice as prescribed by Subsection |
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(b)(2) unless the body determines by official action during the |
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open meeting for which the notice was posted that the necessity of |
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considering the subject was not reasonably foreseeable at the time |
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the notice was posted. |
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SECTION 3. Sections 551.128(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) Except as provided by Subsection (b-1) and subject to |
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the requirements of this section, a governmental body may broadcast |
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an open meeting over the Internet. A governmental body shall |
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broadcast an open meeting over the Internet if the physical |
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location of the meeting is not accessible to members of the public |
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or is not large enough to accommodate all persons seeking to attend |
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the meeting in person, including if the location has reduced |
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capacity as the result of a public emergency or disaster. |
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(c) Except as provided by Subsection (b-2), a governmental |
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body that broadcasts a meeting over the Internet shall establish an |
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Internet site and provide free and open access for members of the |
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public to the broadcast from that site. The governmental body shall |
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provide on the Internet site the same notice of the meeting that the |
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governmental body is required to post under Subchapter C. The |
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notice on the Internet must be posted within the time required for |
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posting notice under Subchapter C. |
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SECTION 4. The changes in law made by this Act apply only to |
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a meeting of a governmental body held on or after the effective date |
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of this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |