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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for open meetings held by videoconference |
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call. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 551.001, Government Code, is amended by |
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adding Subdivision (7) to read as follows: |
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(7) "Videoconference call" means a communication |
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conducted between two or more persons in which one or more of the |
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participants communicate with the other participants through |
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duplex audio and video signals transmitted over a telephone |
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network, a data network, or the Internet. |
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SECTION 2. Section 551.127, Government Code, is amended by |
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adding Subsections (a-1) and (a-2) and amending Subsections (c), |
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(e), (h), and (j) to read as follows: |
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(a-1) A member or employee of a governmental body may |
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participate remotely in a meeting of the governmental body by means |
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of a videoconference call if the video and audio feed of the |
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member's or employee's participation, as applicable, is broadcast |
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live at the meeting and complies with the provisions of this |
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section. |
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(a-2) A member of a governmental body who participates in a |
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meeting as provided by Subsection (a-1) shall be counted as present |
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at the meeting for all purposes. |
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(c) A meeting of a [state] governmental body [or a
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governmental body that extends into three or more counties] may be |
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held by videoconference call only if: |
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(1) the governmental body makes available to the |
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public at least one suitable physical space located in or within a |
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reasonable distance of the geographic jurisdiction, if any, of the |
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governmental body that is equipped with videoconference equipment |
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that provides an audio and video display, as well as a camera and |
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microphone by which a member of the public can provide testimony or |
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otherwise actively participate in the meeting; |
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(2) the member of the governmental body presiding over |
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the meeting is present at that physical space; and |
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(3) any member of the public present at that physical |
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space is provided the opportunity to participate in the meeting by |
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means of a videoconference call in the same manner as a person who |
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is physically present at a meeting of the governmental body that is |
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not conducted by videoconference call [a majority of the quorum of
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the governmental body is physically present at one location of the
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meeting]. |
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(e) The notice of a meeting to be held by videoconference |
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call must specify as a location of the meeting the location of the |
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physical space described by Subsection (c)(1) [where a quorum of
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the governmental body will be physically present and specify the
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intent to have a quorum present at that location, except that the
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notice of a meeting to be held by videoconference call under
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Subsection (c) must specify as a location of the meeting each
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location where a majority of the quorum of the governmental body
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will be physically present and specify the intent to have a majority
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of the quorum of the governmental body present at that location. In
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addition, the notice of the meeting must specify as a location of
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the meeting each other location where a member of the governmental
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body who will participate in the meeting will be physically present
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during the meeting. Each of the locations shall be open to the
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public during the open portions of the meeting]. |
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(h) The physical [Each] location specified under Subsection |
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(e) shall have two-way audio and video communication with each |
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member who is participating by videoconference call [other
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location] during the entire meeting. Each participant in the |
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videoconference call, while speaking, shall be clearly visible and |
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audible to each other participant and, during the open portion of |
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the meeting, to the members of the public in attendance at the |
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physical location described by Subsection (e) and at any other [a] |
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location of the meeting that is open to the public. |
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(j) The [quality of the] audio and video signals perceptible |
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by members of the public at each location of the meeting described |
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by Subsection (h) must[:
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[(1)
meet or exceed the quality of the audio and video
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signals perceptible by the members of the governmental body
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participating in the meeting; and
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[(2)] be of sufficient quality so that members of the |
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public at each location [of the meeting] can observe the demeanor |
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and hear the voice of each participant in the open portion of the |
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meeting. |
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SECTION 3. The changes in law made by this Act apply only to |
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an open meeting held on or after the effective date of this Act. An |
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open meeting that is held before the effective date of this Act is |
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governed by the law in effect on the date of the open meeting, and |
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the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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