1-1     By:  Hartnett (Senate Sponsor - Madla)                 H.B. No. 756
 1-2           (In the Senate - Received from the House April 19, 1999;
 1-3     April 20, 1999, read first time and referred to Committee on
 1-4     Economic Development; May 13, 1999, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 13, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to certain meetings held by a nonprofit corporation.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Article 9.11, Texas Non-Profit Corporation Act
1-11     (Article 1396-9.11, Vernon's Texas Civil Statutes), is amended to
1-12     read as follows:
1-13           Art. 9.11.  [TELEPHONE] MEETINGS BY TELEPHONE CONFERENCE OR
1-14     OTHER REMOTE COMMUNICATIONS TECHNOLOGY.  A.  Subject to the
1-15     provisions required or permitted by this Act for notice of
1-16     meetings, unless otherwise restricted by the articles of
1-17     incorporation or bylaws, members of a corporation, members of the
1-18     board of directors of a corporation, or members of any committee
1-19     designated by such board may participate in and hold a meeting of
1-20     such members, board, or committee by means of:
1-21                 (1)  conference telephone or similar communications
1-22     equipment by [means of] which all persons participating in the
1-23     meeting can hear each other; or
1-24                 (2)  another suitable electronic communications system,
1-25     including videoconferencing technology or the Internet, only if:
1-26                       (a)  each member entitled to participate in the
1-27     meeting consents to the meeting being held by means of that system;
1-28     and
1-29                       (b)  the system provides access to the meeting in
1-30     a manner or using a method by which each member participating in
1-31     the meeting can communicate concurrently with each other
1-32     participant.
1-33           B. Participation  [, and participation] in a meeting pursuant
1-34     to this Article shall constitute presence in person at such
1-35     meeting, except  where a person participates in the meeting for the
1-36     express purpose of objecting to the transaction of any business on
1-37     the ground that the meeting is not lawfully called or convened.
1-38           SECTION 2.  The importance of this legislation and the
1-39     crowded condition of the calendars in both houses create an
1-40     emergency and an imperative public necessity that the
1-41     constitutional rule requiring bills to be read on three several
1-42     days in each house be suspended, and this rule is hereby suspended,
1-43     and that this Act take effect and be in force from and after its
1-44     passage, and it is so enacted.
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