HBA-KDB, RKM C.S.H.B. 35 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 35
By: McClendon
State Affairs
3/22/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Holding public meetings through the use of videoconference calls offers the
potential for lowering the costs associated with traveling to the meetings
and increasing participation in the meetings.  However, current law states
that a videoconference call may only be used in a public meeting if a
quorum of the governmental body is physically present at one location of
the meeting.  C.S.H.B. 35 authorizes a meeting of a governmental body that
extends into three or more counties to be held by videoconference call only
if a majority of the quorum of the governmental body is physically present
at one location of the meeting. 

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. 

ANALYSIS

C.S.H.B. 35 amends the Government Code to provide that a meeting of a state
governmental body or a governmental body that extends into three or more
counties may be held by a video conference call only if a majority of the
quorum of the governmental body is physically present at one location of
the meeting. 

The bill provides that the notice of such a meeting must specify as a
location of the meeting each location where a majority of the quorum of the
governmental body will be physically present and specify the intent to have
a majority of the quorum of the governmental body present at that location.
 
EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 35 differs from the original bill by restoring current law which
allows a meeting to be held by videoconference call only if a quorum of the
governmental body is physically present at one location of the meeting.
The substitute adds as an exemption, a provision to allow a meeting of a
state governmental body or a governmental body that extends into three or
more counties to be held by videoconference call only if a majority of the
quorum of the governmental body is physically present at one location of
the meeting. The original bill allowed all governmental bodies to hold
meetings by videoconference call without regard to where or whether a
quorum or a majority of the quorum was physically present.