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 * * * * *