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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.