1-1     By:  Wentworth                                         S.B. No. 695
 1-2           (In the Senate - Filed February 14, 2001; February 15, 2001,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     March 14, 2001, reported favorably by the following vote:  Yeas 8,
 1-5     Nays 0; March 14, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to consultations between a governmental body and its
 1-9     attorney.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter F, Chapter 551, Government Code, is
1-12     amended by adding Section 551.129 to read as follows:
1-13           Sec. 551.129.  CONSULTATIONS BETWEEN GOVERNMENTAL BODY AND
1-14     ITS ATTORNEY.  (a)  A governmental body may use a telephone
1-15     conference call, video conference call, or communications over the
1-16     Internet to conduct a public consultation with its attorney in an
1-17     open meeting of the governmental body or a private consultation
1-18     with its attorney in a closed meeting of the governmental body.
1-19           (b)  Each part of a public consultation by a governmental
1-20     body with its attorney in an open meeting of the governmental body
1-21     under Subsection (a) must be audible to the public at the location
1-22     specified in the notice of the meeting as the location of the
1-23     meeting.
1-24           (c)  Subsection (a) does not:
1-25                 (1)  authorize the members of a governmental body to
1-26     conduct a meeting of the governmental body by telephone conference
1-27     call, video conference call, or communications over the Internet;
1-28     or
1-29                 (2)  create an exception to the application of this
1-30     subchapter.
1-31           (d)  Subsection (a) does not apply to a consultation with an
1-32     attorney who is an employee of the governmental body.
1-33           (e)  For purposes of Subsection (d), an attorney who receives
1-34     compensation for legal services performed, from which employment
1-35     taxes are deducted by the governmental body, is an employee of the
1-36     governmental body.
1-37           SECTION 2.  This Act takes effect immediately if it receives
1-38     a vote of two-thirds of all the members elected to each house, as
1-39     provided by Section 39, Article III, Texas Constitution.  If this
1-40     Act does not receive the vote necessary for immediate effect, this
1-41     Act takes effect September 1, 2001.
1-42                                  * * * * *