This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
79R8383 MXM-D
By: Solis H.B. No. 2397
A BILL TO BE ENTITLED
AN ACT
relating to allowing certain state boards to hold hearings by
telephone or similar means.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 152, Occupations Code, is
amended by adding Section 152.0091 to read as follows:
Sec. 152.0091. HEARINGS BY TELEPHONE OR SIMILAR MEANS. (a)
As an exception to Chapter 551, Government Code, and other law, if
the presiding officer of the board is physically present at a
meeting, any number of the other members of the board may attend a
meeting of the board by use of telephone conference call, video
conference call, or other similar telecommunication device. This
subsection applies for purposes of constituting a quorum, for
purposes of voting, and for any other purpose allowing a board
member to otherwise fully participate in any board meeting. This
subsection applies without exception with regard to the subject of
the meeting or topics considered by the members.
(b) A meeting held by use of telephone conference call,
video conference call, or other similar telecommunication device:
(1) is subject to the notice requirements applicable
to other meetings;
(2) must specify in the notice of the meeting the
location of the meeting at which the presiding officer will be
physically present;
(3) must be open to the public and audible to the
public at the location specified in the notice of the meeting as the
location of the meeting at which the presiding officer will be
physically present; and
(4) must provide two-way audio communication between
all board members attending the meeting during the entire meeting,
and if the two-way audio communication link with any member
attending the meeting is disrupted at any time, the meeting may not
continue until the two-way audio communication link is
reestablished.
SECTION 2. Subchapter B, Chapter 204, Occupations Code, is
amended by adding Section 204.059 to read as follows:
Sec. 204.059. HEARINGS BY TELEPHONE OR SIMILAR MEANS. (a)
As an exception to Chapter 551, Government Code, and other law, if
the presiding officer of the physician assistant board is
physically present at a meeting, any number of the other members of
the board may attend a meeting of the board by use of telephone
conference call, video conference call, or other similar
telecommunication device. This subsection applies for purposes of
constituting a quorum, for purposes of voting, and for any other
purpose allowing a board member to otherwise fully participate in
any board meeting. This subsection applies without exception with
regard to the subject of the meeting or topics considered by the
members.
(b) A meeting held by use of telephone conference call,
video conference call, or other similar telecommunication device:
(1) is subject to the notice requirements applicable
to other meetings;
(2) must specify in the notice of the meeting the
location of the meeting at which the presiding officer will be
physically present;
(3) must be open to the public and audible to the
public at the location specified in the notice of the meeting as the
location of the meeting at which the presiding officer will be
physically present; and
(4) must provide two-way audio communication between
all physician assistant board members attending the meeting during
the entire meeting, and if the two-way audio communication link
with any member attending the meeting is disrupted at any time, the
meeting may not continue until the two-way audio communication link
is reestablished.
SECTION 3. Subchapter B, Chapter 205, Occupations Code, is
amended by adding Section 205.061 to read as follows:
Sec. 205.061. HEARINGS BY TELEPHONE OR SIMILAR MEANS. (a)
As an exception to Chapter 551, Government Code, and other law, if
the presiding officer of the acupuncture board is physically
present at a meeting, any number of the other members of the
acupuncture board may attend a meeting of the board by use of
telephone conference call, video conference call, or other similar
telecommunication device. This subsection applies for purposes of
constituting a quorum, for purposes of voting, and for any other
purpose allowing an acupuncture board member to otherwise fully
participate in any board meeting. This subsection applies without
exception with regard to the subject of the meeting or topics
considered by the members.
(b) A meeting held by use of telephone conference call,
video conference call, or other similar telecommunication device:
(1) is subject to the notice requirements applicable
to other meetings;
(2) must specify in the notice of the meeting the
location of the meeting at which the presiding officer will be
physically present;
(3) must be open to the public and audible to the
public at the location specified in the notice of the meeting as the
location of the meeting at which the presiding officer will be
physically present; and
(4) must provide two-way audio communication between
all acupuncture board members attending the meeting during the
entire meeting, and if the two-way audio communication link with
any member attending the meeting is disrupted at any time, the
meeting may not continue until the two-way audio communication link
is reestablished.
SECTION 4. The change in law made by this Act applies only
to a meeting of the Texas State Board of Medical Examiners, the
Texas State Board of Physician Assistant Examiners, or the Texas
State Board of Acupuncture Examiners that occurs on or after the
effective date of this Act.
SECTION 5. 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, 2005.