By:  Bivins                                            S.B. No. 839

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to allowing a governmental body to hold a meeting by

 1-2     videoconference call under certain circumstances.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  The heading to Subchapter F, Chapter 551,

 1-5     Government Code, is amended to read as follows:

 1-6            SUBCHAPTER F.  MEETINGS BY TELEPHONE CONFERENCE CALL

 1-7                           OR VIDEOCONFERENCE CALL

 1-8           SECTION 2.  Subchapter F, Chapter 551, Government Code, is

 1-9     amended by adding Section 551.126 to read as follows:

1-10           Sec. 551.126.  VIDEOCONFERENCE CALL.  (a)  Except as

1-11     otherwise provided by this section, this chapter does not prohibit

1-12     a governmental body from holding an open or closed meeting by

1-13     videoconference call.

1-14           (b)  A meeting may be held by videoconference call only if

1-15     the convening at one location of a quorum of the governmental body

1-16     is difficult or impossible.

1-17           (c)  A meeting held by videoconference call is subject to the

1-18     notice requirements applicable to other meetings in addition to the

1-19     notice requirements prescribed by this section.

1-20           (d)  The notice of a meeting to be held by videoconference

1-21     call must specify as a location of the meeting the location where

1-22     meetings of the governmental body are usually held.  In addition,

1-23     the notice of the meeting must specify as a location of the meeting

 2-1     each location where a member of the governmental body who will

 2-2     participate in the meeting will be physically present during the

 2-3     meeting.  Each of the locations shall be open to the public during

 2-4     the open portions of the meeting.

 2-5           (e)  Each portion of a meeting held by videoconference call

 2-6     that is required to be open to the public shall be visible and

 2-7     audible to the public at each location specified under Subsection

 2-8     (d).

 2-9           (f)  The governmental body shall make at least an audio

2-10     recording of the meeting.  The recording shall be made available to

2-11     the public.

2-12           (g)  Each location specified under Subsection (d) shall have

2-13     two-way communication with each other location during the entire

2-14     meeting.  Each participant in the videoconference call, while

2-15     speaking, shall be clearly visible and audible to each other

2-16     participant and, during the open portion of the meeting, to the

2-17     members of the public in attendance at a location of the meeting.

2-18           (h)  The Department of Information Resources by rule shall

2-19     specify minimum standards for audio and video signals at a meeting

2-20     held by videoconference call.  The quality of the audio and video

2-21     signals perceptible at each location of the meeting must meet or

2-22     exceed those standards.

2-23           (i)  The quality of the audio and video signals perceptible

2-24     by members of the public at each location of the meeting must:

2-25                 (1)  meet or exceed the quality of the audio and video

 3-1     signals perceptible by the members of the governmental body

 3-2     participating in the meeting; and

 3-3                 (2)  be of sufficient quality so that members of the

 3-4     public at each location of the meeting can observe the demeanor and

 3-5     hear the voice of each participant in the open portion of the

 3-6     meeting.

 3-7           SECTION 3.  This Act takes effect September 1, 1997, and

 3-8     applies only to a meeting for which notice is given under Chapter

 3-9     551, Government Code, on or after that date.

3-10           SECTION 4.  The importance of this legislation and the

3-11     crowded condition of the calendars in both houses create an

3-12     emergency and an imperative public necessity that the

3-13     constitutional rule requiring bills to be read on three several

3-14     days in each house be suspended, and this rule is hereby suspended.