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78R1410 JSA-D
By: Ellis S.B. No. 472
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the legislature to meet by electronic means
in a period of emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 301, Government Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. EMERGENCY MEETING OF LEGISLATURE
Sec. 301.071. EMERGENCY MEETING BY ELECTRONIC MEANS. (a)
If the governor issues a proclamation under Section 62, Article
III, Texas Constitution, that a period of emergency exists caused
by enemy attack or the immediate threat of enemy attack, the
legislature by concurrent resolution in accordance with Section 62,
Article III, may suspend all necessary constitutional rules in
order to meet in regular or special session by electronic means.
(b) If the legislature resolves to meet by electronic means,
either house may meet by electronic means as the house considers
appropriate. The electronic means must:
(1) allow each member of the house to hear and view all
official proceedings of the house during the meeting and to be
viewed and heard by the other members when recognized or otherwise
participating in the proceedings; and
(2) allow members of the public to hear and view all
official proceedings of the house during the meeting from a
convenient location open to the public at or as close to the State
Capitol as possible and at other locations as determined by the
house.
(c) If there is no location in the City of Austin at which
members of the public may hear and view the official proceedings of
a meeting of either house, the governor may suspend the requirement
that the legislature hold its sessions in Austin as provided by
Section 62, Article III, Texas Constitution, and designate as the
place at which the legislature will hold its sessions the place or
places at which members of the public may hear and view official
proceedings of the legislature when meeting by electronic means
under this section.
(d) A member participating in a meeting of the appropriate
house by electronic means under this section is considered present
and in attendance at the session of the legislature for purposes of
the rules of the house and the Texas Constitution.
(e) Each house shall provide public notice of the meetings
of that house to be held by electronic means under this section in
the manner provided by law, unless that manner is unavailable as
determined by the presiding officer. In that event, public notice
shall be provided in the manner the presiding officer considers
appropriate under the circumstances. The notice must state the
date, time, and locations at which the official proceedings may be
viewed and heard by members of the public, but is not required to
state the location at which any member of the house is located while
participating in the proceedings.
(f) Each house shall adopt rules necessary to implement this
section, including rules governing attendance and participation of
its members when the house meets by electronic means.
(g) This section does not limit the authority of either
house to meet in any other manner authorized by Section 62, Article
III, Texas Constitution, or other law.
Sec. 301.072. FACILITIES FOR MEETING BY ELECTRONIC MEANS.
(a) The Texas Legislative Council in consultation with each member
of the legislature shall identify one or more two-way
teleconferencing sites operated by public entities located in or
near the member's district that may be used for the member to
participate in a meeting of the appropriate house conducted by
electronic means. The council shall attempt to secure agreements
with public entities to provide each member of the legislature with
access to teleconferencing facilities in or near the member's
district for that purpose. The agreement may provide for the
facilities to be made available for legislative meetings without
charge or at cost.
(b) If the council is unable to locate adequate
teleconferencing facilities operated by a public entity in or near
a house or senate district, the council shall report that
information to the presiding officer of the appropriate house. At
the direction of the presiding officer, the council shall procure
or provide access to adequate teleconferencing facilities or
services in or near the district.
(c) An agreement for access to teleconferencing facilities
or services for a member of the legislature to participate in a
meeting of the appropriate house conducted by electronic means must
require that access to the facilities or services for that purpose
takes precedence over all other uses of the facilities or services
during a period of emergency declared by the governor under Section
62, Article III, Texas Constitution.
(d) The council shall procure or provide access to
teleconferencing facilities or services for each member of the
legislature to participate in a meeting of the appropriate house
conducted by electronic means as required by this section as soon as
practicable, but not later than January 1, 2004. This subsection
expires January 2, 2004.
Sec. 301.073. BROADCASTS AND OTHER THIRD-PARTY ACCESS. If
a meeting of either house of the legislature is conducted by
electronic means, to the extent practicable that house shall allow
a person on request to view and hear the official proceedings
electronically from a remote location or to broadcast the official
proceedings electronically. The person must pay the costs incurred
to provide the person with access to the electronic transmission of
the proceedings necessary to comply with the request.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.