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AN ACT
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relating to technological efficiencies in the recording of certain |
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open meetings. |
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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) "Recording" means a tangible medium on which audio |
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or a combination of audio and video is recorded, including a disc, |
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tape, wire, film, electronic storage drive, or other medium now |
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existing or later developed. |
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SECTION 2. The heading to Section 551.021, Government Code, |
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is amended to read as follows: |
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Sec. 551.021. MINUTES OR [TAPE] RECORDING OF OPEN MEETING |
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REQUIRED. |
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SECTION 3. Subsection (a), Section 551.021, Government |
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Code, is amended to read as follows: |
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(a) A governmental body shall prepare and keep minutes or |
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make a [tape] recording of each open meeting of the body. |
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SECTION 4. Section 551.022, Government Code, is amended to |
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read as follows: |
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Sec. 551.022. MINUTES AND [TAPE] RECORDINGS OF OPEN |
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MEETING: PUBLIC RECORD. The minutes and [tape] recordings of an |
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open meeting are public records and shall be available for public |
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inspection and copying on request to the governmental body's chief |
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administrative officer or the officer's designee. |
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SECTION 5. Subsection (a), Section 551.023, Government |
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Code, is amended to read as follows: |
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(a) A person in attendance may record all or any part of an |
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open meeting of a governmental body by means of a [tape] recorder, |
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video camera, or other means of aural or visual reproduction. |
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SECTION 6. Subsection (b), Section 551.0725, Government |
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Code, is amended to read as follows: |
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(b) Notwithstanding Section 551.103(a), Government Code, |
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the commissioners court must make a [tape] recording of the |
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proceedings of a closed meeting to deliberate the information. |
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SECTION 7. Subsection (b), Section 551.0726, Government |
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Code, is amended to read as follows: |
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(b) Notwithstanding Section 551.103(a), the commission must |
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make a [tape] recording of the proceedings of a closed meeting held |
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under this section. |
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SECTION 8. The heading to Section 551.103, Government Code, |
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is amended to read as follows: |
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Sec. 551.103. CERTIFIED AGENDA OR [TAPE] RECORDING |
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REQUIRED. |
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SECTION 9. Subections (a) and (d), Section 551.103, |
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Government Code, are amended to read as follows: |
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(a) A governmental body shall either keep a certified agenda |
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or make a [tape] recording of the proceedings of each closed |
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meeting, except for a private consultation permitted under Section |
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551.071. |
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(d) A [tape] recording made under Subsection (a) must |
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include announcements by the presiding officer at the beginning and |
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the end of the meeting indicating the date and time. |
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SECTION 10. Section 551.104, Government Code, is amended to |
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read as follows: |
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Sec. 551.104. CERTIFIED AGENDA OR RECORDING [TAPE]; |
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PRESERVATION; DISCLOSURE. (a) A governmental body shall preserve |
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the certified agenda or [tape] recording of a closed meeting for at |
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least two years after the date of the meeting. If an action |
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involving the meeting is brought within that period, the |
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governmental body shall preserve the certified agenda or recording |
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[tape] while the action is pending. |
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(b) In litigation in a district court involving an alleged |
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violation of this chapter, the court: |
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(1) is entitled to make an in camera inspection of the |
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certified agenda or recording [tape]; |
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(2) may admit all or part of the certified agenda or |
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recording [tape] as evidence, on entry of a final judgment; and |
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(3) may grant legal or equitable relief it considers |
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appropriate, including an order that the governmental body make |
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available to the public the certified agenda or recording [tape] of |
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any part of a meeting that was required to be open under this |
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chapter. |
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(c) The certified agenda or recording [tape] of a closed |
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meeting is available for public inspection and copying only under a |
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court order issued under Subsection (b)(3). |
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SECTION 11. Subsection (f), Section 551.121, Government |
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Code, is amended to read as follows: |
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(f) Each part of the telephone conference call meeting that |
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is required to be open to the public shall be audible to the public |
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at the location specified in the notice of the meeting as the |
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location of the meeting and shall be [tape] recorded. The [tape] |
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recording shall be made available to the public. |
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SECTION 12. Subsection (d), Section 551.122, Government |
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Code, is amended to read as follows: |
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(d) Each part of the telephone conference call meeting that |
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is required to be open to the public shall be audible to the public |
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at the location where the quorum is present and shall be recorded |
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[tape-recorded]. The [tape] recording shall be made available to |
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the public. |
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SECTION 13. Subsection (e), Section 551.125, Government |
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Code, is amended to read as follows: |
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(e) Each part of the telephone conference call meeting that |
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is required to be open to the public shall be audible to the public |
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at the location specified in the notice of the meeting as the |
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location of the meeting and shall be recorded [tape-recorded]. The |
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[tape] recording shall be made available to the public. |
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SECTION 14. Subsection (e), Section 551.130, Government |
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Code, is amended to read as follows: |
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(e) The location where a quorum is physically present must |
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be open to the public during the open portions of a telephone |
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conference call meeting. The open portions of the meeting must be |
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audible to the public at the location where the quorum is present |
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and be recorded [tape-recorded] at that location. The [tape] |
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recording shall be made available to the public. |
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SECTION 15. The heading to Section 551.145, Government |
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Code, is amended to read as follows: |
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Sec. 551.145. CLOSED MEETING WITHOUT CERTIFIED AGENDA OR |
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[TAPE] RECORDING; OFFENSE; PENALTY. |
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SECTION 16. Subsection (a), Section 551.145, Government |
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Code, is amended to read as follows: |
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(a) A member of a governmental body commits an offense if |
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the member participates in a closed meeting of the governmental |
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body knowing that a certified agenda of the closed meeting is not |
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being kept or that a [tape] recording of the closed meeting is not |
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being made. |
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SECTION 17. The heading to Section 551.146, Government |
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Code, is amended to read as follows: |
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Sec. 551.146. DISCLOSURE OF CERTIFIED AGENDA OR [TAPE] |
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RECORDING OF CLOSED MEETING; OFFENSE; PENALTY; CIVIL LIABILITY. |
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SECTION 18. Subections (a) and (c), Section 551.146, |
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Government Code, are amended to read as follows: |
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(a) An individual, corporation, or partnership that without |
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lawful authority knowingly discloses to a member of the public the |
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certified agenda or [tape] recording of a meeting that was lawfully |
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closed to the public under this chapter: |
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(1) commits an offense; and |
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(2) is liable to a person injured or damaged by the |
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disclosure for: |
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(A) actual damages, including damages for |
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personal injury or damage, lost wages, defamation, or mental or |
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other emotional distress; |
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(B) reasonable attorney fees and court costs; and |
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(C) at the discretion of the trier of fact, |
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exemplary damages. |
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(c) It is a defense to prosecution under Subsection (a)(1) |
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and an affirmative defense to a civil action under Subsection |
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(a)(2) that: |
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(1) the defendant had good reason to believe the |
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disclosure was lawful; or |
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(2) the disclosure was the result of a mistake of fact |
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concerning the nature or content of the certified agenda or [tape] |
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recording. |
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SECTION 19. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 471 passed the Senate on |
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March 27, 2013, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 471 passed the House on |
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May 2, 2013, by the following vote: Yeas 147, Nays 0, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |