BILL ANALYSIS

S.B. 335

By: Schwertner

Human Services

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Texas Family and Protective Services Council was created in 2017 by H.B. 5 in the 85th Legislature. The purpose of the council is to study and make recommendations to the commissioner of the Department of Family and Protective Services (DFPS) regarding the management and operation of DFPS, including policies and rules governing the delivery of services to persons who are served by DFPS, the rights and duties of persons who are served or regulated by DFPS, and the consolidation of the provision of administrative support services. H.B. 5 established that state open meetings law applies to the council, and the council meets quarterly on agenda items on which the public may comment. However, current law does not give members of the public the ability to view an open meeting virtually. S.B. 335 seeks to address this issue by allowing members of the public to access both live and archived video and audio of open council meetings.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 335 amends the Human Resources Code to require the Department of Family and Protective Services (DFPS), for each open meeting of the Family and Protective Services Council, to either broadcast over the Internet live video and audio of the meeting and provide access to the broadcast on the DFPS website or, not later than the end of the second business day after the day a meeting is held, make available through the DFPS website archived video and audio of the meeting until the second anniversary of the date the archived video and audio was first made available on the website. The bill applies only to a council meeting held on or after the bill's effective date. A meeting held before the bill's effective date is governed by the law in effect on the date of the meeting, and the former law is continued in effect for that purpose.

EFFECTIVE DATE

September 1, 2023.