By: Button, et al. (Senate Sponsor - Deuell) H.B. No. 2414
         (In the Senate - Received from the House May 6, 2013;
  May 7, 2013, read first time and referred to Committee on Open
  Government; May 16, 2013, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 4, Nays 0;
  May 16, 2013, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2414 By:  Nelson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to requirements for open meetings held by videoconference
  call.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 551.001, Government Code, is amended by
  adding Subdivision (7) to read as follows:
               (7)  "Videoconference call" means a communication
  conducted between two or more persons in which one or more of the
  participants communicate with the other participants through
  duplex audio and video signals transmitted over a telephone
  network, a data network, or the Internet.
         SECTION 2.  Section 551.127, Government Code, is amended by
  adding Subsections (a-1) and (a-2) and amending Subsections (c),
  (e), (h), and (j) to read as follows:
         (a-1)  A member or employee of a governmental body may
  participate remotely in a meeting of the governmental body by means
  of a videoconference call if the video and audio feed of the
  member's or employee's participation, as applicable, is broadcast
  live at the meeting and complies with the provisions of this
  section.
         (a-2)  A member of a governmental body who participates in a
  meeting as provided by Subsection (a-1) shall be counted as present
  at the meeting for all purposes.
         (c)  A meeting of a [state] governmental body [or a
  governmental body that extends into three or more counties] may be
  held by videoconference call only if:
               (1)  the governmental body makes available to the
  public at least one suitable physical space located in or within a
  reasonable distance of the geographic jurisdiction, if any, of the
  governmental body that is equipped with videoconference equipment
  that provides an audio and video display, as well as a camera and
  microphone by which a member of the public can provide testimony or
  otherwise actively participate in the meeting;
               (2)  the member of the governmental body presiding over
  the meeting is present at that physical space; and
               (3)  any member of the public present at that physical
  space is provided the opportunity to participate in the meeting by
  means of a videoconference call in the same manner as a person who
  is physically present at a meeting of the governmental body that is
  not conducted by videoconference call [a majority of the quorum of
  the governmental body is physically present at one location of the
  meeting].
         (e)  The notice of a meeting to be held by videoconference
  call must specify as a location of the meeting the location of the
  physical space described by Subsection (c)(1) [where a quorum of
  the governmental body will be physically present and specify the
  intent to have a quorum present at that location, except that the
  notice of a meeting to be held by videoconference call under
  Subsection (c) must specify as a location of the meeting each
  location where a majority of the quorum of the governmental body
  will be physically present and specify the intent to have a majority
  of the quorum of the governmental body present at that location. In
  addition, the notice of the meeting must specify as a location of
  the meeting each other location where a member of the governmental
  body who will participate in the meeting will be physically present
  during the meeting. Each of the locations shall be open to the
  public during the open portions of the meeting].
         (h)  The physical [Each] location specified under Subsection
  (e) shall have two-way audio and video communication with each
  member who is participating by videoconference call [other
  location] during the entire meeting. Each participant in the
  videoconference call, while speaking, shall be clearly visible and
  audible to each other participant and, during the open portion of
  the meeting, to the members of the public in attendance at the
  physical location described by Subsection (e) and at any other [a]
  location of the meeting that is open to the public.
         (j)  The [quality of the] audio and video signals perceptible
  by members of the public at each location of the meeting described
  by Subsection (h) must[:
               [(1)     meet or exceed the quality of the audio and video
  signals perceptible by the members of the governmental body
  participating in the meeting; and
               [(2)]  be of sufficient quality so that members of the
  public at each location [of the meeting] can observe the demeanor
  and hear the voice of each participant in the open portion of the
  meeting.
         SECTION 3.  The changes in law made by this Act apply only to
  an open meeting held on or after the effective date of this Act. An
  open meeting that is held before the effective date of this Act is
  governed by the law in effect on the date of the open meeting, and
  the former law is continued in effect for that purpose.
         SECTION 4.  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, 2013.
 
  * * * * *