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.