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                                  * * * * *