By: Zaffirini S.B. No. 690
A BILL TO BE ENTITLED
AN ACT
relating to the requirement to post meetings of a governmental body
under the open meetings law in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 551, Government Code, is
amended by adding Section 551.0411 to read as follows:
Sec. 551.0411. MEETING NOTICE REQUIREMENTS IN CERTAIN
CIRCUMSTANCES. (a) Section 551.041 does not require a
governmental body that recesses an open meeting to the following
regular business day to post notice of the continued meeting if the
action is taken in good faith and not to circumvent this chapter.
If an open meeting is continued to the following regular business
day and, on that following day, the governmental body continues the
meeting to another day, the governmental body must give written
notice as required by this subchapter of the meeting continued to
that other day.
(b) A governmental body that is prevented from convening an
open meeting that was otherwise properly posted under Section
551.041 because of a catastrophe may convene the meeting in a
convenient location within 72 hours pursuant to Section 551.045 if
the action is taken in good faith and not to circumvent this
chapter. If the governmental body is unable to convene the open
meeting within those 72 hours, the governmental body may
subsequently convene the meeting only if the governmental body
gives written notice of the meeting as required by this subchapter.
(c) In this section, "catastrophe" means a condition or
occurrence that interferes physically with the ability of a
governmental body to conduct a meeting, including:
(1) fire, flood, earthquake, hurricane, tornado, or
wind, rain, or snow storm;
(2) power failure, transportation failure, or
interruption of communication facilities;
(3) epidemic; or
(4) riot, civil disturbance, enemy attack, or other
actual or threatened act of lawlessness or violence.
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, 2005.