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.
3-15 COMMITTEE AMENDMENT NO. 1
3-16 Amend S.B. No. 839 as follows:
3-17 (1) In SECTION 2 of the bill, strike Subsection (b) of
3-18 Section 551.126, Government Code (senate engrossment, page 1, lines
3-19 14-16), and substitute the following:
3-20 (b) A meeting may be held by videoconference call only if a
3-21 quorum of the governmental body is physically present at one
3-22 location of the meeting.
3-23 (2) In SECTION 2 of the bill, in the first sentence of
3-24 Subsection (d) of Section 551.126, Government Code (senate
3-25 engrossment, page 1, line 22), strike "meetings of the governmental
4-1 body are usually held" and substitute "a quorum of the
4-2 governmental body will be physically present and specify the intent
4-3 to have a quorum present at that location".
4-4 (3) In SECTION 2 of the bill, in the second sentence of
4-5 Subsection (d) of Section 551.126, Government Code (senate
4-6 engrossment, page 2, line 1), between "each" and "location where",
4-7 insert "other".
4-8 (4) In SECTION 2 of the bill, add the following new
4-9 Subsection (j) to Section 551.126, Government Code (senate
4-10 engrossment, page 3, between lines 6 and 7):
4-11 (j) Without regard to whether a member of the governmental
4-12 body is participating in a meeting from a remote location by
4-13 videoconference call, a governmental body may allow a member of the
4-14 public to testify at a meeting from a remote location by
4-15 videoconference call.
4-16 75R15960 JRD-D Danburg