HBA-DMD, MAJ H.B. 445 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 445
By: Reyna, Arthur
State Affairs
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a governmental body is required to keep a certified agenda or
make a tape recording of a closed meeting except when meeting with an
attorney for private consultation.  H.B. 445 allows the governmental body
to use other electronic recordings to satisfy this requirement.  The bill
requires the school board or the governing body of a home-rule school
district, a campus or program charter, or open enrollment charter program
to make a tape recording or other electronic recording when in a closed
meeting except when meeting with an attorney for private consultation.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 551.103, Government Code, as follows:

Sec. 551.103.  New Title:  CERTIFIED AGENDA OR RECORDING REQUIRED. (a) Adds
"other electronic recording" to the list of acceptable methods of keeping a
required record of the proceedings of closed meetings held by a
governmental body other than a private consultation permitted under Section
551.071 (Exceptions to Requirement that Meetings be Open, Consultation with
Attorney; Closed Meeting).  Deletes "Tape" from existing title.  Makes
conforming and nonsubstantive changes. 

(b)  Requires a school board or governing body of a home-rule school
district, a campus or program charter, or an open enrollment charter school
to make a tape recording or other electronic recording of the proceedings
of each closed meeting other than a private consultation permitted under
Section 551.071. 

(c)  Created from existing text.

(d)  Redesignated from Subsection (c).

(e)  Redesignated from existing Subsection (d).  Provides that a tape
recording or other electronic recording, rather than a tape recording made
under Subsection (a) or (b) must include announcements by the presiding
officer indicating the date and time at the beginning and end of the
meeting.  Makes a conforming change.  

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.