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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.