By Clark, Capelo                                      H.B. No. 1021
         77R5200 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to consultations between a governmental body and its
 1-3     attorney.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter F, Chapter 551, Government Code, is
 1-6     amended by adding Section 551.129 to read as follows:
 1-7           Sec. 551.129.  CONSULTATIONS BETWEEN GOVERNMENTAL BODY AND
 1-8     ITS ATTORNEY. (a)  A governmental body may use a telephone
 1-9     conference call, video conference call, or communications over the
1-10     Internet to conduct a public consultation with its attorney in an
1-11     open meeting of the governmental body or a private consultation
1-12     with its attorney in a closed meeting of the governmental body.
1-13           (b)  Each part of a public consultation by a governmental
1-14     body with its attorney in an open meeting of the governmental body
1-15     under Subsection (a) must be audible to the public at the location
1-16     specified in the notice of the meeting as the location of the
1-17     meeting.
1-18           (c)  Subsection (a) does not:
1-19                 (1)  authorize the members of a governmental body to
1-20     conduct a meeting of the governmental body by telephone conference
1-21     call, video conference call, or communications over the Internet;
1-22     or
1-23                 (2)  create an exception to the application of this
1-24     subchapter.
 2-1           (d)  Subsection (a) does not apply to a consultation with an
 2-2     attorney who is an employee of the governmental body.
 2-3           (e)  For purposes of Subsection (d), an attorney who receives
 2-4     compensation for legal services performed, from which employment
 2-5     taxes are deducted by the governmental body, is an employee of the
 2-6     governmental body.
 2-7           SECTION 2.  This Act takes effect immediately if it receives
 2-8     a vote of two-thirds of all the members elected to each house, as
 2-9     provided by Section 39, Article III, Texas Constitution.  If this
2-10     Act does not receive the vote necessary for immediate effect, this
2-11     Act takes effect September 1, 2001.