1-1 By: Bivins S.B. No. 839 1-2 (In the Senate - Filed February 27, 1997; March 4, 1997, read 1-3 first time and referred to Committee on State Affairs; 1-4 April 25, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 13, Nays 0; April 25, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 839 By: Armbrister 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to allowing a governmental body to hold a meeting by 1-11 videoconference call under certain circumstances. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. The heading to Subchapter F, Chapter 551, 1-14 Government Code, is amended to read as follows: 1-15 SUBCHAPTER F. MEETINGS BY TELEPHONE CONFERENCE CALL 1-16 OR VIDEOCONFERENCE CALL 1-17 SECTION 2. Subchapter F, Chapter 551, Government Code, is 1-18 amended by adding Section 551.126 to read as follows: 1-19 Sec. 551.126. VIDEOCONFERENCE CALL. (a) Except as 1-20 otherwise provided by this section, this chapter does not prohibit 1-21 a governmental body from holding an open or closed meeting by 1-22 videoconference call. 1-23 (b) A meeting may be held by videoconference call only if 1-24 the convening at one location of a quorum of the governmental body 1-25 is difficult or impossible. 1-26 (c) A meeting held by videoconference call is subject to the 1-27 notice requirements applicable to other meetings in addition to the 1-28 notice requirements prescribed by this section. 1-29 (d) The notice of a meeting to be held by videoconference 1-30 call must specify as a location of the meeting the location where 1-31 meetings of the governmental body are usually held. In addition, 1-32 the notice of the meeting must specify as a location of the meeting 1-33 each location where a member of the governmental body who will 1-34 participate in the meeting will be physically present during the 1-35 meeting. Each of the locations shall be open to the public during 1-36 the open portions of the meeting. 1-37 (e) Each portion of a meeting held by videoconference call 1-38 that is required to be open to the public shall be visible and 1-39 audible to the public at each location specified under Subsection 1-40 (d). 1-41 (f) The governmental body shall make at least an audio 1-42 recording of the meeting. The recording shall be made available to 1-43 the public. 1-44 (g) Each location specified under Subsection (d) shall have 1-45 two-way communication with each other location during the entire 1-46 meeting. Each participant in the videoconference call, while 1-47 speaking, shall be clearly visible and audible to each other 1-48 participant and, during the open portion of the meeting, to the 1-49 members of the public in attendance at a location of the meeting. 1-50 (h) The Department of Information Resources by rule shall 1-51 specify minimum standards for audio and video signals at a meeting 1-52 held by videoconference call. The quality of the audio and video 1-53 signals perceptible at each location of the meeting must meet or 1-54 exceed those standards. 1-55 (i) The quality of the audio and video signals perceptible 1-56 by members of the public at each location of the meeting must: 1-57 (1) meet or exceed the quality of the audio and video 1-58 signals perceptible by the members of the governmental body 1-59 participating in the meeting; and 1-60 (2) be of sufficient quality so that members of the 1-61 public at each location of the meeting can observe the demeanor and 1-62 hear the voice of each participant in the open portion of the 1-63 meeting. 1-64 SECTION 3. This Act takes effect September 1, 1997, and 2-1 applies only to a meeting for which notice is given under Chapter 2-2 551, Government Code, on or after that date. 2-3 SECTION 4. The importance of this legislation and the 2-4 crowded condition of the calendars in both houses create an 2-5 emergency and an imperative public necessity that the 2-6 constitutional rule requiring bills to be read on three several 2-7 days in each house be suspended, and this rule is hereby suspended. 2-8 * * * * *