BILL ANALYSIS

 

 

Senate Research Center

H.B. 2668

83R21234 KSD-D

By: Vo (Davis)

 

Open Government

 

5/15/2013

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Junior colleges are currently not required to post online certain meeting materials or to broadcast open meetings of the junior college governing board.  Interested parties assert that junior colleges play an important role in our state's higher education system and that the governing board of a junior college should make decisions through a transparent process.  H.B. 2668 seeks to improve the transparency of junior college district decision-making by providing on the district's Internet website an opportunity for the public to watch open meetings of the junior college board online and to view any written agenda and related supplemental materials provided by the district to its board members.

 

H.B. 2668 amends current law relating to requirements applicable to meetings of the governing board of certain junior college districts.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter F, Chapter 551, Government Code, by adding Section 551.1282, as follows:

 

Sec. 551.1282.  GOVERNING BOARD OF JUNIOR COLLEGE DISTRICT:  INTERNET POSTING OF MEETING MATERIALS AND BROADCAST OF OPEN MEETING.  (a) Provides that this section applies only to the governing board of a junior college district with a total student enrollment of more than 20,000 in any semester of the preceding academic year.

 

(b) Requires a governing board to which this section applies, for any regularly scheduled meeting of the governing board for which notice is required under this chapter (Open Meetings), to:

 

(1) post as early as practicable in advance of the meeting on the Internet website of the district any written agenda and related supplemental written materials provided by the district to the board members for the members' use during the meeting;

 

(2) broadcast the meeting, other than any portions of the meeting closed to the public as authorized by law, over the Internet in the manner prescribed by Section 551.128 (Internet Broadcast of Open Meeting); and

 

(3) record the broadcast and make that recording publicly available in an online archive located on the district's Internet website.

 

(c) Provides that Subsection (b)(1) does not apply to written materials that the general counsel or other appropriate attorney for the district certifies are confidential or may be withheld from public disclosure under Chapter 552 (Public Information).

 

(d) Provides that the governing board of a junior college district is not required to comply with the requirements of this section if that compliance is not possible because of an act of God, force majeure, or a similar cause not reasonably within the governing board's control.

 

SECTION 2.  Provides that the change in law made by this Act applies only to a meeting of the governing board of a junior college district for which notice is given under Chapter 551, Government Code, on or after January 1, 2014.

 

SECTION 3.  Effective date: upon passage or September 1, 2013.