By McClendon H.B. No. 1264
76R1312 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to broadcasting public meetings over the Internet.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter F, Chapter 551, Government Code, is
1-5 amended by adding Section 551.128 to read as follows:
1-6 Sec. 551.128. INTERNET BROADCAST OF MEETING. (a) In this
1-7 section, "Internet" means the largest nonproprietary nonprofit
1-8 cooperative public computer network, popularly known as the
1-9 Internet.
1-10 (b) Except as otherwise provided by this section, this
1-11 chapter does not prohibit a governmental body from broadcasting an
1-12 open meeting over the Internet.
1-13 (c) A governmental body that broadcasts a meeting over the
1-14 Internet shall establish an Internet site and provide access to the
1-15 broadcast from that site. The governmental body shall:
1-16 (1) provide on the Internet site the same notice of
1-17 the meeting that the governmental body is required to post under
1-18 Subchapter C;
1-19 (2) provide the notice on the Internet site not later
1-20 than one hour after the notice is posted as required by Subchapter
1-21 C; and
1-22 (3) provide a way for the public to comment to the
1-23 governmental body over the Internet on the issues discussed at the
1-24 meeting.
2-1 (d) A meeting broadcast over the Internet is subject to the
2-2 notice requirements applicable to other meetings.
2-3 (e) Each portion of a meeting broadcast over the Internet
2-4 that is required to be open to the public shall be visible and
2-5 audible to the public over the Internet.
2-6 (f) The governmental body shall make at least an audio
2-7 recording of the meeting. The recording shall be made available to
2-8 the public.
2-9 (g) The Department of Information Resources by rule shall
2-10 specify minimum standards for audio and video signals for a meeting
2-11 broadcast over the Internet. The quality of the audio and video
2-12 signals broadcast over the Internet must meet or exceed those
2-13 standards and be of sufficient quality so that members of the
2-14 public watching the broadcast of the meeting can observe the
2-15 demeanor and hear the voice of each participant in the open portion
2-16 of the meeting.
2-17 SECTION 2. The heading to Subchapter F, Chapter 551,
2-18 Government Code, is amended to read as follows:
2-19 SUBCHAPTER F. MEETINGS USING [BY] TELEPHONE,
2-20 [CONFERENCE CALL OR] VIDEOCONFERENCE, OR INTERNET [CALL]
2-21 SECTION 3. (a) The Department of Information Resources
2-22 shall form a task force to determine whether a governmental body
2-23 can receive real-time testimony from a person watching the
2-24 broadcast of a meeting of the governmental body over the Internet.
2-25 (b) The Department of Information Resources shall report its
2-26 findings to the legislature not later than September 1, 2000.
2-27 SECTION 4. This Act takes effect September 1, 1999.
3-1 SECTION 5. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.
3-6 COMMITTEE AMENDMENT NO. 1
3-7 Amend H.B. 1264 to read as follows:
3-8 (1) Strike all below the enacting clause and substitute the
3-9 following.
3-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
3-11 SECTION 1. Subchapter F, Chapter 551, Government Code, is
3-12 amended by adding Section 551.128 to read as follows:
3-13 Sec. 551.128. INTERNET BROADCAST OF OPEN MEETING. (a) In
3-14 this section, "Internet" means the largest nonproprietary
3-15 cooperative public computer network, popularly known as the
3-16 Internet.
3-17 (b) Subject to the requirements of this section, a
3-18 governmental body may broadcast an open meeting over the Internet.
3-19 (c) A governmental body that broadcasts a meeting over the
3-20 Internet shall establish an Internet site and provide access to the
3-21 broadcast from that site. The governmental body shall provide on
3-22 the Internet site the same notice of the meeting that the
3-23 governmental body is required to post under Subchapter C. The
3-24 notice on the Internet must be posted within the time required for
3-25 posting notice under Subchapter C.
3-26 SECTION 2. The subchapter heading to Subchapter F, Chapter
3-27 551, Government Code, is amended to read as follows:
4-1 SUBCHAPTER F. MEETINGS USING [BY] TELEPHONE,
4-2 [CONFERENCE CALL OR] VIDEOCONFERENCE, OR INTERNET [CALL]
4-3 SECTION 3. (a) The Department of Information Resources
4-4 shall form a task force to determine whether:
4-5 (1) a governmental body can:
4-6 (A) receive real-time testimony from a person
4-7 watching the broadcast of a meeting of the governmental body over
4-8 the Internet; and
4-9 (B) provide a way for the public to comment to
4-10 the governmental body over the Internet on the issues discussed at
4-11 the meeting; and
4-12 (2) the audio and video signals broadcast over the
4-13 Internet can be of sufficient quality so that members of the public
4-14 watching the broadcast of the meeting can observe the demeanor and
4-15 hear the voice of each participant in the open portion of the
4-16 meeting.
4-17 (b) The Department of Information Resources shall report its
4-18 findings to the legislature not later than September 1, 2000.
4-19 SECTION 4. This Act takes effect September 1, 1999.
4-20 SECTION 5. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended.
4-25 Wolens