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.

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