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A BILL TO BE ENTITLED
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AN ACT
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relating to written electronic communications between members of a |
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governmental body. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 551, Government Code, is |
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amended by adding Section 551.006 to read as follows: |
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Sec. 551.006. WRITTEN ELECTRONIC COMMUNICATIONS ACCESSIBLE |
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TO PUBLIC. (a) A communication or exchange of information between |
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members of a governmental body about public business or public |
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policy over which the governmental body has supervision or control |
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does not constitute a meeting or deliberation for purposes of this |
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chapter if: |
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(1) the communication is in writing; |
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(2) the writing is posted to an online message board or |
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similar Internet application that is viewable and searchable by the |
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public; and |
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(3) the communication is displayed in real time and |
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displayed on the online message board or similar Internet |
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application for no less than 30 days after the communication is |
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first posted. |
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(b) A governmental body may have no more than one online |
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message board or similar Internet application to be used for the |
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purposes described in Subsection (a). The online message board or |
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similar Internet application must be owned or controlled by the |
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governmental body, prominently displayed on the governmental |
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body's primary Internet web page, and no more than one click away |
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from the governmental body's primary Internet web page. |
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(c) The online message board or similar Internet |
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application described in Subsection (a) may only be used by members |
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of the governmental body or staff members of the governmental body |
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who have received specific authorization from a member of the |
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governmental body. In the event that a staff member posts a |
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communication to the online message board or similar Internet |
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application, the name and title of the staff member must be posted |
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along with the communication. |
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(d) If a governmental body removes from the online message |
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board or similar Internet application a communication that has been |
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posted for at least 30 days, the governmental body shall maintain |
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the posting for a period of six years. This communication is public |
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information and must be disclosed in accordance with Chapter 552. |
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(e) The governmental body may not vote or take any action |
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that is required to be taken at a meeting under this chapter of the |
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governmental body by posting a communication to the online message |
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board or similar Internet application. In no event shall a |
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communication or posting to the online message board or similar |
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Internet application be construed to be an action of the |
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governmental body. |
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SECTION 2. This Act takes effect September 1, 2013. |