77R6656 JD-D
By McClendon, Farabee H.B. No. 35
Substitute the following for H.B. No. 35:
By McClendon C.S.H.B. No. 35
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.