By Hinojosa H.B. No. 894
77R3194 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring certain governmental bodies to consistently
1-3 post notice of an open meeting at the same designated location.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 551, Government Code, is
1-6 amended by adding Section 551.0435 to read as follows:
1-7 Sec. 551.0435. PLACE OF POSTING NOTICE: CONSISTENCY
1-8 REQUIRED. (a) This section does not apply to a governmental body in
1-9 the executive or legislative branch of state government.
1-10 (b) Each governmental body shall designate a primary place
1-11 at which notices of all meetings held by the governmental body must
1-12 be posted. The governmental body may designate a secondary place
1-13 at which the notice must be posted if the primary place becomes
1-14 inaccessible for a reason such as construction. The designated
1-15 primary and secondary places must meet all other requirements of
1-16 this subchapter regarding the place at which notice of a meeting
1-17 must be posted.
1-18 (c) If a governmental body customarily posts notice of a
1-19 meeting at two locations to continuously comply with the
1-20 accessibility requirement of Section 551.043 and to additionally
1-21 comply with an applicable requirement of Sections 551.049-551.054
1-22 during normal business hours, the governmental body shall designate
1-23 each location as a primary place under Subsection (b).
1-24 (d) If another law requires that a governmental body post
2-1 notice of a meeting in more than one location, the governmental
2-2 body shall designate each location as a primary place under
2-3 Subsection (b) except to the extent that:
2-4 (1) in a manner similar to Section 551.127(d), the
2-5 other law addresses circumstances under which the place of posting
2-6 will inherently be subject to change; or
2-7 (2) the other law imposes a posting requirement that
2-8 does not concern a geographic location, such as a requirement to
2-9 publish notice in a periodical or on the Internet.
2-10 (e) A county clerk shall comply with Subsection (b), and if
2-11 applicable Subsection (c), with regard to the clerk's duties under
2-12 Sections 551.053 and 551.054.
2-13 SECTION 2. This Act takes effect September 1, 2001, and the
2-14 change in law made by this Act applies only in relation to a
2-15 meeting that is first convened on or after October 1, 2001.