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.