IMF H.B. 1772 75(R)BILL ANALYSIS STATE AFFAIRS H.B. 1772 By: Danburg 4-27-97 Committee Report (Unamended) BACKGROUND Currently, organizations covered by the Open Meetings Act may not conduct meetings via videoconferencing. The technology of videoconferencing has improved dramatically in the past several years. Cost reductions have accompanied this improvement. At the same time, the cost of travel and the cost of uncompensated time spent on government business by board and commission members has increased. In a 1993 opinion, Attorney General Dan Morales concluded that, "In the absence of specific legislative authorization, a governmental body subject to the Open Meetings Act may not permit a member who is unable to attend a meeting in person to participate via live video transmission." The Attorney General went on to say that there was concern that members of the public would be unable to observe the demeanor and hear the voice of the absent board member and that the absent board member would be unable to hear members of the public attending the meeting. The use of videoconferencing for open meetings where all board and commission members can see each other and the public participants in the meetings is now reasonably possible. The concern that the public and the participating members might not be able to observe the demeanor of all participants is a real one. Nevertheless, it is possible to specify the quality of videoconferencing in a way that overcomes this objection. With the rapid technological changes in this area, specifying exact quality standards in any suggested law might not be appropriate. However, it would be possible for the Department of Information Resources to set reasonable standards by administrative rule. PURPOSE As proposed, H.B. 1772 would allow a governmental body to hold open or closed meetings by videoconference as long a the public has ample opportunity to participate and observe the meetings. RULEMAKING AUTHORITY It is the committee's opinion that this bill does expressly grant additional rulemaking authority to the Department of Information Resources in SECTION 2 (Sec. 551.126 (g), Government Code) of the bill. SECTION BY SECTION ANALYSIS SECTION 1. Amend the heading to Subchapter F, Chapter 551, Government Code, by adding "VIDEO CONFERENCES." SECTION 2. Amend Subchapter F, Chapter, Chapter 551, Government Code, by adding Section 551.126, as follows: Section 551.126(a) provides that a governmental body may hold an open or closed meeting in which one or more members of the governmental body participate by videoconference. Section 551.126(b) provides that the notice of a meeting must specify where each participating member will be located during the meeting and requires that each of those locations be open to the public during the open portions of the meeting. Section 551.126(c) prohibits a meeting from being convened unless a quorum of the governmental body is physically present at one location of the meeting; and the location and the intent to have a quorum are specified in the notice. Section 551.126(d) provides that the videoconference must allow members of the public attending the open portion of the meeting to observe each member's demeanor and hear each member's voice who is participating in the open portion of the meeting by videoconference from another location; and each participating member to observe the demeanor and hear and voice of each other member participating in the meeting. Section 551.126(f) prohibits a member from participating in the meeting if the videoconference arrangement for a that particular member does not substantially comply with this subsection. Section 551.126(g) requires the Department of Information Resources to specify by rule the minimum technical standards for participation in a meeting by videoconferencing under this section. SECTION 3. Effective date: September 1, 1997. SECTION 4. Emergency clause.