1-1 AN ACT
1-2 relating to certain meetings held by a nonprofit corporation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 9.11, Texas Non-Profit Corporation Act
1-5 (Article 1396-9.11, Vernon's Texas Civil Statutes), is amended to
1-6 read as follows:
1-7 Art. 9.11. [TELEPHONE] MEETINGS BY TELEPHONE CONFERENCE OR
1-8 OTHER REMOTE COMMUNICATIONS TECHNOLOGY. A. Subject to the
1-9 provisions required or permitted by this Act for notice of
1-10 meetings, unless otherwise restricted by the articles of
1-11 incorporation or bylaws, members of a corporation, members of the
1-12 board of directors of a corporation, or members of any committee
1-13 designated by such board may participate in and hold a meeting of
1-14 such members, board, or committee by means of:
1-15 (1) conference telephone or similar communications
1-16 equipment by [means of] which all persons participating in the
1-17 meeting can hear each other; or
1-18 (2) another suitable electronic communications system,
1-19 including videoconferencing technology or the Internet, only if:
1-20 (a) each member entitled to participate in the
1-21 meeting consents to the meeting being held by means of that system;
1-22 and
1-23 (b) the system provides access to the meeting in
1-24 a manner or using a method by which each member participating in
2-1 the meeting can communicate concurrently with each other
2-2 participant.
2-3 B. Participation [, and participation] in a meeting pursuant
2-4 to this Article shall constitute presence in person at such
2-5 meeting, except where a person participates in the meeting for the
2-6 express purpose of objecting to the transaction of any business on
2-7 the ground that the meeting is not lawfully called or convened.
2-8 SECTION 2. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 756 was passed by the House on April
16, 1999, by the following vote: Yeas 136, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 756 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor