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 a
1-15 quorum of the governmental body is physically present at one
1-16 location of the meeting.
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 a
1-22 quorum of the governmental body will be physically present and
1-23 specify the intent to have a quorum present at that location. In
2-1 addition, the notice of the meeting must specify as a location of
2-2 the meeting each other location where a member of the governmental
2-3 body who will participate in the meeting will be physically present
2-4 during the meeting. Each of the locations shall be open to the
2-5 public during the open portions of the meeting.
2-6 (e) Each portion of a meeting held by videoconference call
2-7 that is required to be open to the public shall be visible and
2-8 audible to the public at each location specified under Subsection
2-9 (d).
2-10 (f) The governmental body shall make at least an audio
2-11 recording of the meeting. The recording shall be made available to
2-12 the public.
2-13 (g) Each location specified under Subsection (d) shall have
2-14 two-way communication with each other location during the entire
2-15 meeting. Each participant in the videoconference call, while
2-16 speaking, shall be clearly visible and audible to each other
2-17 participant and, during the open portion of the meeting, to the
2-18 members of the public in attendance at a location of the meeting.
2-19 (h) The Department of Information Resources by rule shall
2-20 specify minimum standards for audio and video signals at a meeting
2-21 held by videoconference call. The quality of the audio and video
2-22 signals perceptible at each location of the meeting must meet or
2-23 exceed those standards.
2-24 (i) The quality of the audio and video signals perceptible
2-25 by members of the public at each location of the meeting must:
3-1 (1) meet or exceed the quality of the audio and video
3-2 signals perceptible by the members of the governmental body
3-3 participating in the meeting; and
3-4 (2) be of sufficient quality so that members of the
3-5 public at each location of the meeting can observe the demeanor and
3-6 hear the voice of each participant in the open portion of the
3-7 meeting.
3-8 (j) Without regard to whether a member of the governmental
3-9 body is participating in a meeting from a remote location by
3-10 videoconference call, a governmental body may allow a member of the
3-11 public to testify at a meeting from a remote location by
3-12 videoconference call.
3-13 SECTION 3. This Act takes effect September 1, 1997, and
3-14 applies only to a meeting for which notice is given under Chapter
3-15 551, Government Code, on or after that date.
3-16 SECTION 4. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 839 passed the Senate on
May 5, 1997, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 30, 1997, by a viva-voce
vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 839 passed the House, with
amendment, on May 27, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor