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A BILL TO BE ENTITLED
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AN ACT
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relating to the meeting of a governmental body held by |
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videoconference call. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 551.127, Government Code, as amended by |
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Chapters 159 (S.B. 984) and 685 (H.B. 2414), Acts of the 83rd |
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Legislature, Regular Session, 2013, is reenacted and amended to |
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read as follows: |
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Sec. 551.127. VIDEOCONFERENCE CALL. (a) Except as |
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otherwise provided by this section, this chapter does not prohibit |
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a governmental body from holding an open or closed meeting by |
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videoconference call. |
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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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(a-3) A member of a governmental body who participates in a |
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meeting by videoconference call shall be considered absent from any |
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portion of the meeting during which audio or video communication |
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with the member is lost or disconnected. The governmental body may |
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continue the meeting only if a quorum of the body remains present at |
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the meeting location or, if applicable, continues to participate in |
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a meeting conducted under Subsection (c). |
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(b) A meeting may be held by videoconference call only if a |
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quorum of the governmental body is physically present at one |
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location of the meeting, except as provided by Subsection (c). |
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(c) A meeting of a state governmental body or a governmental |
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body that extends into three or more counties may be held by |
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videoconference call only if the member of the governmental body |
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presiding over the meeting is physically present at one location of |
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the meeting that is open to the public during the open portions of |
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the meeting. |
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(d) A meeting held by videoconference call is subject to the |
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notice requirements applicable to other meetings in addition to the |
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notice requirements prescribed by this section. |
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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 where a |
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quorum of the governmental body will be physically present and |
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specify the intent to have a quorum present at that location, except |
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that the notice of a meeting to be held by videoconference call |
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under Subsection (c) must specify as a location of the meeting the |
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location where the member of the governmental body presiding over |
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the meeting will be physically present and specify the intent to |
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have the member of the governmental body presiding over the meeting |
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present at that location. The location where the member of the |
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governmental body presiding over the meeting is physically present |
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shall be open to the public during the open portions of the meeting. |
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(f) Each portion of a meeting held by videoconference call |
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that is required to be open to the public shall be visible and |
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audible to the public at the location specified under Subsection |
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(e). If a problem occurs that causes a meeting to no longer be |
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visible and audible to the public at that location, the meeting must |
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be recessed until the problem is resolved. If the problem is not |
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resolved in six hours or less, the meeting must be adjourned. |
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(g) The governmental body shall make at least an audio |
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recording of the meeting. The recording shall be made available to |
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the public. |
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(h) The location specified under Subsection (e), and each |
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remote location from which a member of the governmental body |
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participates, shall have two-way audio and video communication with |
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each other location during the entire meeting. The face of each |
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participant in the videoconference call, while that participant is |
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speaking, shall be clearly visible, and the voice audible, to each |
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other participant and, during the open portion of the meeting, to |
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the members of the public in attendance at the physical location |
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described by Subsection (e) and at any other location of the meeting |
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that is open to the public. |
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(i) The Department of Information Resources by rule shall |
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specify minimum standards for audio and video signals at a meeting |
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held by videoconference call. The quality of the audio and video |
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signals perceptible at each location of the meeting must meet or |
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exceed those standards. |
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(j) The audio and video signals perceptible by members of |
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the public at each location of the meeting described by Subsection |
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(h) must be of sufficient quality so that members of the public at |
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each location can observe the demeanor and hear the voice of each |
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participant in the open portion of the meeting. |
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(k) Without regard to whether a member of the governmental |
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body is participating in a meeting from a remote location by |
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videoconference call, a governmental body may allow a member of the |
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public to testify at a meeting from a remote location by |
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videoconference call. |
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SECTION 2. This Act takes effect September 1, 2017. |
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* * * * * |