1-1 By: McClendon, Farabee (Senate Sponsor - Armbrister) H.B. No. 35
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on State
1-4 Affairs; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the requirements for a meeting of certain governmental
1-9 bodies held by videoconference call.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 551.127, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 551.127. VIDEOCONFERENCE CALL. (a) Except as otherwise
1-14 provided by this section, this chapter does not prohibit a
1-15 governmental body from holding an open or closed meeting by
1-16 videoconference call.
1-17 (b) A meeting may be held by videoconference call only if a
1-18 quorum of the governmental body is physically present at one
1-19 location of the meeting, except as provided by Subsection (c).
1-20 (c) A meeting of a state governmental body or a governmental
1-21 body that extends into three or more counties may be held by
1-22 videoconference call only if a majority of the quorum of the
1-23 governmental body is physically present at one location of the
1-24 meeting.
1-25 (d) A meeting held by videoconference call is subject to the
1-26 notice requirements applicable to other meetings in addition to the
1-27 notice requirements prescribed by this section.
1-28 (e) [(d)] The notice of a meeting to be held by
1-29 videoconference call must specify as a location of the meeting the
1-30 location where a quorum of the governmental body will be physically
1-31 present and specify the intent to have a quorum present at that
1-32 location, except that the notice of a meeting to be held by
1-33 videoconference call under Subsection (c) must specify as a
1-34 location of the meeting each location where a majority of the
1-35 quorum of the governmental body will be physically present and
1-36 specify the intent to have a majority of the quorum of the
1-37 governmental body present at that location. In addition, the
1-38 notice of the meeting must specify as a location of the meeting
1-39 each other location where a member of the governmental body who
1-40 will participate in the meeting will be physically present during
1-41 the meeting. Each of the locations shall be open to the public
1-42 during the open portions of the meeting.
1-43 (f) [(e)] Each portion of a meeting held by videoconference
1-44 call that is required to be open to the public shall be visible and
1-45 audible to the public at each location specified under Subsection
1-46 (e) [(d)].
1-47 (g) [(f)] The governmental body shall make at least an audio
1-48 recording of the meeting. The recording shall be made available to
1-49 the public.
1-50 (h) [(g)] Each location specified under Subsection (e) [(d)]
1-51 shall have two-way communication with each other location during
1-52 the entire meeting. Each participant in the videoconference call,
1-53 while speaking, shall be clearly visible and audible to each other
1-54 participant and, during the open portion of the meeting, to the
1-55 members of the public in attendance at a location of the meeting.
1-56 (i) [(h)] The Department of Information Resources by rule
1-57 shall specify minimum standards for audio and video signals at a
1-58 meeting held by videoconference call. The quality of the audio and
1-59 video signals perceptible at each location of the meeting must meet
1-60 or exceed those standards.
1-61 (j) [(i)] The quality of the audio and video signals
1-62 perceptible by members of the public at each location of the
1-63 meeting must:
1-64 (1) meet or exceed the quality of the audio and video
2-1 signals perceptible by the members of the governmental body
2-2 participating in the meeting; and
2-3 (2) be of sufficient quality so that members of the
2-4 public at each location of the meeting can observe the demeanor and
2-5 hear the voice of each participant in the open portion of the
2-6 meeting.
2-7 (k) [(j)] Without regard to whether a member of the
2-8 governmental body is participating in a meeting from a remote
2-9 location by videoconference call, a governmental body may allow a
2-10 member of the public to testify at a meeting from a remote location
2-11 by videoconference call.
2-12 SECTION 2. This Act takes effect September 1, 2001.
2-13 * * * * *