By: Zaffirini S.B. No. 29
A BILL TO BE ENTITLED
AN ACT
relating to meetings of governing boards of public institutions of
higher education held outside this state and to the manner in which
certain meetings of those boards may be held.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.121, Government Code, is amended by
amending Subsections (b)-(f) and adding Subsection (g) to read as
follows:
Sec. 551.121. GOVERNING BOARD OF INSTITUTION OF HIGHER
EDUCATION.
(b) This chapter does not prohibit the governing board of an
institution of higher education from holding an open or closed
meeting by telephone conference call or videoconference.
(c) A meeting held by telephone conference call or
videoconference may be held only if:
(1) the meeting is a special called meeting, [and]
immediate action is required, [;] and
[(2)] the convening at one location of a quorum of the
governing board is difficult or impossible; or
(2) the governing board determines that, for an
academic or other policy reason, it is appropriate for a quorum of
the governing board to meet at a physical location outside the
geographical boundaries of the state, including a location in a
foreign country.
(d) The telephone conference call or videoconference
meeting is subject to the notice requirements applicable to other
meetings.
(e) The notice of the telephone conference call or
videoconference meeting must specify as the location of the meeting
the location where meetings of the governing board are usually
held. For a meeting of the governing board of a university system,
the notice must specify as the location of the meeting the board's
conference room at the university system office. For a meeting held
under Subsection (c)(2), the notice must also specify the physical
location where a quorum of the governing board will meet and the
reason for which the governing board determined to meet at that
physical location.
(f) Each part of a [the] telephone conference call meeting
that is required to be open to the public shall be audible to the
public at the location specified in the notice of the meeting as the
location of the meeting and shall be tape recorded. The tape
recording shall be made available to the public.
(g) Each part of a videoconference meeting that is required
to be open to the public shall:
(1) be visible and audible to the public at the
location specified in the notice of the meeting as the location of
the meeting;
(2) be recorded in an audiovisual medium that records
the meeting substantially as presented under Subdivision (1) and
that shall be made available to the public; and
(3) have two-way audio and video communications with
each participant in the meeting during the entire meeting.
SECTION 2. This Act takes effect September 1, 2003, and
applies only to a meeting for which notice is given on or after that
date.