By McClendon, Farabee                                   H.B. No. 35
         77R6656 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the requirements for a meeting of certain governmental
 1-3     bodies held by videoconference call.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 551.127, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 551.127.  VIDEOCONFERENCE CALL. (a)  Except as otherwise
 1-8     provided by this section, this chapter does not prohibit a
 1-9     governmental body from holding an open or closed meeting by
1-10     videoconference call.
1-11           (b)  A meeting may be held by videoconference call only if a
1-12     quorum of the governmental body is physically present at one
1-13     location of the meeting, except as provided by Subsection (c).
1-14           (c)  A meeting of a state governmental body or a governmental
1-15     body that extends into three or more counties may be held by
1-16     videoconference call only if a majority of the quorum of the
1-17     governmental body is physically present at one location of the
1-18     meeting.
1-19           (d)  A meeting held by videoconference call is subject to the
1-20     notice requirements applicable to other meetings in addition to the
1-21     notice requirements prescribed by this section.
1-22           (e) [(d)]  The notice of a meeting to be held by
1-23     videoconference call must specify as a location of the meeting the
1-24     location where a quorum of the governmental body will be physically
 2-1     present and specify the intent to have a quorum present at that
 2-2     location, except that the notice of a meeting to be held by
 2-3     videoconference call under Subsection (c) must specify as a
 2-4     location of the meeting each location where a majority of the
 2-5     quorum of the governmental body will be physically present and
 2-6     specify the intent to have a majority of the quorum of the
 2-7     governmental body present at that location.  In addition, the
 2-8     notice of the meeting must specify as a location of the meeting
 2-9     each other location where a member of the governmental body who
2-10     will participate in the meeting will be physically present during
2-11     the meeting.  Each of the locations shall be open to the public
2-12     during the open portions of the meeting.
2-13           (f) [(e)]  Each portion of a meeting held by videoconference
2-14     call that is required to be open to the public shall be visible and
2-15     audible to the public at each location specified under Subsection
2-16     (e) [(d)].
2-17           (g) [(f)]  The governmental body shall make at least an audio
2-18     recording of the meeting.  The recording shall be made available to
2-19     the public.
2-20           (h) [(g)]  Each location specified under Subsection (e) [(d)]
2-21     shall have two-way communication with each other location during
2-22     the entire meeting.  Each participant in the videoconference call,
2-23     while speaking, shall be clearly visible and audible to each other
2-24     participant and, during the open portion of the meeting, to the
2-25     members of the public in attendance at a location of the meeting.
2-26           (i) [(h)]  The Department of Information Resources by rule
2-27     shall specify minimum standards for audio and video signals at a
 3-1     meeting held by videoconference call.  The quality of the audio and
 3-2     video signals perceptible at each location of the meeting must meet
 3-3     or exceed those standards.
 3-4           (j) [(i)]  The quality of the audio and video signals
 3-5     perceptible by members of the public at each location of the
 3-6     meeting must:
 3-7                 (1)  meet or exceed the quality of the audio and video
 3-8     signals perceptible by the members of the governmental body
 3-9     participating in the meeting; and
3-10                 (2)  be of sufficient quality so that members of the
3-11     public at each location of the meeting can observe the demeanor and
3-12     hear the voice of each participant in the open portion of the
3-13     meeting.
3-14           (k) [(j)]  Without regard to whether a member of the
3-15     governmental body is participating in a meeting from a remote
3-16     location by videoconference call, a governmental body may allow a
3-17     member of the public to testify at a meeting from a remote location
3-18     by videoconference call.
3-19           SECTION 2. This Act takes effect September 1, 2001.