IMF S.B. 839 75(R) BILL ANALYSIS STATE AFFAIRS S.B. 839 By: Bivins (Danburg) 5-22-97 Committee Report (Amended) BACKGROUND Currently, no state law authorizes a governmental body to hold a meeting by videoconference call. However, state boards and commissions are allowed to hold open or closed meetings via telephone conference call under certain circumstances. This bill allows a governmental body to hold a meeting via videoconference. PURPOSE As proposed, S.B. 839 allows a governmental body to hold a meeting via videoconference under certain circumstances. RULEMAKING AUTHORITY Rulemaking authority is granted to the Department of Information Resources in SECTION 2 (Section 551.126(h), Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 551F, Government Code, as follows: SUBCHAPTER F. New heading: MEETINGS BY TELEPHONE CONFERENCE CALL OR VIDEOCONFERENCE CALL SECTION 2. Amends Chapter 551F, Government Code, by adding Section 551.126, as follows: Sec. 551.126. VIDEOCONFERENCE CALL. Provides that this chapter does not prohibit a governmental body from holding an open or closed meeting by videoconference call, except as otherwise provided by this section. Authorizes a meeting to be held by videoconference call only if the convening at one location of a quorum of the governmental body is difficult or impossible. Provides that a meeting held by videoconference call is subject to the notice requirements applicable to other meetings in addition to the notice requirement prescribed by this section. Sets forth the requirements for the notice of meeting. Requires each portion of the meeting held by videoconference call that is required to be open to the public to be visible and audible to the public at the location specified under Subsection (d). Requires the governmental body to make at least an audio recording of the meeting and to make the recording available to the public. Requires each location specified under Subsection (d) to have two-way communication with each other location during the entire meeting. Requires each participant in the videoconference call, while speaking, to be clearly visible and audible to each other participant and, during the open portion of the meeting, to the members of the public in attendance at a location of the meeting. Requires the Department of Information Resources, by rule, to specify minimum standards for audio and video signals at a meeting held by videoconference call. Requires the quality of the audio and video signals perceptible at each location of the meeting to meet or exceed those standards. Requires the quality of the audio and video signals perceptible by members of the public at each location of the meeting to meet certain requirements. SECTION 3. Effective date: September 1, 1997. Makes application of this Act prospective. SECTION 4. Emergency clause. EXPLANATION OF AMENDMENT Committee amendment no. 1: (1) In SECTION 2, Subsection (b), Section 551.126, Government Code, the amendment strikes language authorizing a meeting to be held by videoconferencing only if the convening at one location of a quorum of the governmental body is difficult or impossible and substitutes language prohibiting a meeting from being convened unless a quorum of the governmental body is physically present at one location of the meeting. (2) In SECTION 2, Subsection (d), Section 551.126, Government Code, the amendment strikes "meetings of the governmental body are usually held" and substitutes language clarifying that the notice must specify where the physical location of the quorum will be and that notice must specify the intent to have a quorum present at that location. (3) In SECTION 2 Subsection (d), Section 551.126, the amendment makes a conforming change. (4) In SECTION 2 of the bill, the amendment adds a new Subsection (j), Section 551.126, Government Code to allow members of the public to testify from a remote location by videoconference call regardless of whether a member of the governmental body is participating in a meeting from the remote location.