76R9478 JD-D                           
         By Reyna of Bexar                                      H.B. No. 445
         Substitute the following for H.B. No. 445:
         By Danburg                                         C.S.H.B. No. 445
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the audio and video recording of a closed meeting held
 1-3     by a governmental body.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 551.103, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 551.103.  [CERTIFIED AGENDA OR TAPE] RECORDING OF CLOSED
 1-8     MEETING REQUIRED.  (a)  A governmental body shall [either keep a
 1-9     certified agenda or] make a [tape] recording of the proceedings of
1-10     each closed meeting, except for a private consultation permitted
1-11     under Section 551.071.  The recording must audibly and visually
1-12     record the proceedings of and the persons in the closed meeting.
1-13           (b)  [The presiding officer shall certify that an agenda kept
1-14     under Subsection (a)  is a true and correct record of the
1-15     proceedings.]
1-16           [(c)  The certified agenda must include:]
1-17                 [(1)  a statement of the subject matter of each
1-18     deliberation;]
1-19                 [(2)  a record of any further action taken; and]
1-20                 [(3)  an announcement by the presiding officer at the
1-21     beginning and the end of the meeting indicating the date and time.]
1-22           [(d)]  A [tape] recording made under Subsection (a)  must
1-23     include announcements by the presiding officer at the beginning and
1-24     the end of the meeting indicating the date and time.
 2-1           SECTION 2.  Section 551.104, Government Code, is amended to
 2-2     read as follows:
 2-3           Sec. 551.104.  RECORDING OF CLOSED MEETING [CERTIFIED AGENDA
 2-4     OR TAPE]; PRESERVATION; DISCLOSURE.  (a)  A governmental body shall
 2-5     preserve the audible and visual [certified agenda or tape]
 2-6     recording of a closed meeting for at least two years after the date
 2-7     of the meeting.  If an action involving the meeting is brought
 2-8     within that period, the governmental body shall preserve the
 2-9     recording [certified agenda or tape] while the action is pending.
2-10           (b)  In litigation in a district court involving an alleged
2-11     violation of this chapter, the court:
2-12                 (1)  is entitled to make an in camera inspection of the
2-13     audible and visual recording made of the closed meeting [certified
2-14     agenda or tape];
2-15                 (2)  may admit all or part of the recording made of the
2-16     closed meeting [certified agenda or tape] as evidence, on entry of
2-17     a final judgment; and
2-18                 (3)  may grant legal or equitable relief it considers
2-19     appropriate, including an order that the governmental body make
2-20     available to the public the recording made of the closed meeting
2-21     [certified agenda or tape] of any part of a meeting that was
2-22     required to be open under this chapter.
2-23           (c)  The recording made [certified agenda or tape] of a
2-24     closed meeting is available for public inspection and copying only
2-25     under a court order issued under Subsection (b)(3).
2-26           (d)  A governmental body that before September 1, 1999,
2-27     prepared a certified agenda or made a tape recording of a closed
 3-1     meeting shall preserve that certified agenda or recording for at
 3-2     least two years after the date of the meeting.  Subsections (b) and
 3-3     (c) apply to the certified agenda or tape recording in the manner
 3-4     those subsections apply to an audible and visual recording made of
 3-5     the proceedings of a closed meeting that begins on or after
 3-6     September 1, 1999.  This subsection expires September 1, 2004.
 3-7           SECTION 3.  Section 551.145, Government Code, is amended to
 3-8     read as follows:
 3-9           Sec. 551.145.  CLOSED MEETING WITHOUT [CERTIFIED AGENDA OR
3-10     TAPE] RECORDING; OFFENSE; PENALTY.  (a)  A member of a governmental
3-11     body commits an offense if the member participates in a closed
3-12     meeting of the governmental body knowing that a [certified agenda
3-13     of the closed meeting is not being kept or that a tape] recording
3-14     of the closed meeting that complies with Section 551.103 is not
3-15     being made.
3-16           (b)  Except as provided by Subsections (c)-(e), an [An]
3-17     offense under Subsection (a)  is a Class B [C] misdemeanor.
3-18           (c)  If it is shown on the trial of an offense under this
3-19     section that the defendant has previously been convicted one time
3-20     of an offense under this section, the offense is a Class A
3-21     misdemeanor.
3-22           (d)  If it is shown on the trial of an offense under this
3-23     section that the defendant has previously been convicted two times
3-24     of an offense under this section, the offense is a state jail
3-25     felony.
3-26           (e)  If it is shown on the trial of an offense under this
3-27     section that the defendant has previously been convicted three or
 4-1     more times of an offense under this section, the offense is a
 4-2     felony of the third degree.
 4-3           SECTION 4.  Section 551.146, Government Code, is amended to
 4-4     read as follows:
 4-5           Sec. 551.146.  DISCLOSURE OF [CERTIFIED AGENDA OR TAPE]
 4-6     RECORDING OF CLOSED MEETING; OFFENSE; PENALTY; CIVIL LIABILITY.
 4-7     (a)  An individual, corporation, or partnership that without lawful
 4-8     authority knowingly discloses to a member of the public the
 4-9     [certified agenda or tape] recording of a meeting that was lawfully
4-10     closed to the public under this chapter:
4-11                 (1)  commits an offense; and
4-12                 (2)  is liable to a person injured or damaged by the
4-13     disclosure for:
4-14                       (A)  actual damages, including damages for
4-15     personal injury or damage, lost wages, defamation, or mental or
4-16     other emotional distress;
4-17                       (B)  reasonable attorney fees and court costs;
4-18     and
4-19                       (C)  at the discretion of the trier of fact,
4-20     exemplary damages.
4-21           (b)  An offense under Subsection (a)(1) is a Class B
4-22     misdemeanor.
4-23           (c)  It is a defense to prosecution under Subsection (a)(1)
4-24     and an affirmative defense to a civil action under Subsection
4-25     (a)(2) that:
4-26                 (1)  the defendant had good reason to believe the
4-27     disclosure was lawful; or
 5-1                 (2)  the disclosure was the result of a mistake of fact
 5-2     concerning the nature or content of the [certified agenda or tape]
 5-3     recording.
 5-4           (d)  Subsections (a)-(c) apply to a certified agenda or tape
 5-5     recording of a closed meeting that was made before September 1,
 5-6     1999, in the manner those subsections apply to an audible and
 5-7     visual recording made of the proceedings of a closed meeting that
 5-8     begins on or after September 1, 1999.
 5-9           SECTION 5.  This Act takes effect September 1, 1999.
5-10           SECTION 6.  The importance of this legislation and the
5-11     crowded condition of the calendars in both houses create an
5-12     emergency and an imperative public necessity that the
5-13     constitutional rule requiring bills to be read on three several
5-14     days in each house be suspended, and this rule is hereby suspended.