SRC-AMY S.B. 472 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 472
78R1410 JSA-DBy: Ellis, Rodney
Infrastructure Development and Security
3/30/2003
As Filed


DIGEST AND PURPOSE 

In light of the terrorist attacks of September 11, 2001, and the current
conflict in Iraq, the possibility of terrorist attacks has increased
greatly.  It is possible that this state might face a circumstance that
would limit the ability of many members to attend a legislative session at
the capitol.  As proposed, S.B. 472 authorizes the legislature to meet via
teleconferencing during a period of emergency, and establishes the
requisite procedures.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to each house of the Texas
Legislature in SECTION 1 (Chapter 301, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 301, Government Code, by adding Subchapter F,
as follows: 

SUBCHAPTER F.  EMERGENCY MEETING OF LEGISLATURE

Sec. 301.071. EMERGENCY MEETING BY ELECTRONIC MEANS. (a) Authorizes the
legislature to suspend all necessary constitutional rules, by concurrent
resolution, to meet in regular or special session by electronic means, if
the governor issues a proclamation, under Section 62, Article III, of a
period of emergency by enemy attack or the immediate threat of enemy
attack. 

(b) Authorizes either house of the legislature to meet by electronic means
if the legislature resolves to meet. Requires the electronic means to
allow each member of the house to hear and see all official proceedings
and be heard and seen when participating in the proceedings, and for
members of the public to see and hear all official proceedings from a
convenient and public location at or close to the Capitol, as the house
determines. 

(c) Authorizes the governor to suspend the requirement that the
legislature hold its sessions in Austin and to designate another location
accessible to the public if there is no location in Austin accessible for
the public to see and hear the proceedings when meeting by electronic
means. 

(d) Provides that a member of either house participating in a meeting by
electronic means is considered present and in attendance at the session of
the legislature. 

(e) Requires each house to notify the public of meetings to be held by
electronic means in a manner provided by law unless the presiding officer
determines that this is not possible, in which case the presiding officer
is required to determine the appropriate way to notify the public.
Requires certain information to be included in the notification, and
exempts certain information. 

(f) Requires each house to adopt rules to implement this section.

(g) Provides that this section does not limit the authority of either
house to meet in  any manner authorized by the Texas Constitution or other
law. 

Sec. 301.072.  FACILITIES FOR MEETING BY ELECTRONIC MEANS. (a) Requires
the Texas Legislative Council (TLC), in consultation with each member, to
identify at least one public entity operated two-way teleconferencing site
near the member's district for use when meeting by electronic means.
Requires TLC to try to secure agreements with the public entities for the
members' use of the sites. Authorizes TLC to include availability of the
facilities free of charge or at cost. 

(b) Requires TLC to inform the presiding officer if it cannot locate
adequate teleconferencing facilities in or near a house or senate
district, and to procure or provide such as directed by the presiding
officer. 

(c) Requires that an agreement for access to a teleconferencing sites or
facilities for a member to participate in a legislative meeting
electronically require that access for that reason takes precedence over
all other uses of the facilities or services during a declared period of
emergency. 

(d) Requires TLC to procure or provide access to teleconferencing sites or
facilities as soon as practicable, but not later than January 1, 2004.
Provides that this subsection expires on January 2, 2004. 

Sec. 301.073.  BROADCASTS AND OTHER THIRD-PARTY ACCESS.  Requires the
house meeting by electronic means to allow a person, on request, to view
and hear the proceedings from a remote location or broadcast the
proceedings electronically, to the extent practicable. Requires the person
to pay the costs incurred by complying with the request. 

SECTION 2.  Effective date: upon passage or September 1, 2003.