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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.