85R11352 TJB-D

By: Fallon H.B. No. 3203

A BILL TO BE ENTITLED

AN ACT

relating to recordings of meetings of certain governmental bodies; creating offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 551.001, Government Code, is amended by adding Subdivision (9) to read as follows:

(9) "Video recording" means a recording of reasonable quality on which a combination of audio and video is recorded.

SECTION 2. The heading to Section 551.021, Government Code, is amended to read as follows:

Sec. 551.021. MINUTES AND [OR] RECORDING OF OPEN MEETING REQUIRED.

SECTION 3. Section 551.021(a), Government Code, is amended to read as follows:

(a) Except as provided by Section 551.0215, a [A] governmental body shall prepare and keep for each open meeting of the body:

(1) minutes [or make a recording] of the [each open] meeting; and

(2) either:

(A) a video recording of the meeting; or

(B) a recording of the meeting if the meeting is a telephone conference call meeting authorized by Subchapter F or by other law [of the body].

SECTION 4. Subchapter B, Chapter 551, Government Code, is amended by adding Section 551.0215 to read as follows:

Sec. 551.0215. MINUTES OR RECORDING OF OPEN MEETING REQUIRED. (a) This section applies only to:

(1) a municipal governmental body described by Section 551.001(3)(C) or (D) for a municipality with a population of less than 25,000;

(2) a county governmental body described by Section 551.001(3)(B), (D), (F), or (G) for a county with a population of less than 100,000; and

(3) a school district board of trustees for a school district with a student enrollment of less than 5,000.

(b) A governmental body shall prepare and keep minutes or make a recording of each open meeting of the body.

(c) The minutes must:

(1) state the subject of each deliberation; and

(2) indicate each vote, order, decision, or other action taken.

SECTION 5. Subchapter B, Chapter 551, Government Code, is amended by adding Section 551.024 to read as follows:

Sec. 551.024. INTERNET ARCHIVE OF RECORDINGS. (a) This section does not apply to a governmental body to which Section 551.0215 applies.

(b) Except as provided by Subsection (c), a governmental body shall archive and make available on the Internet website of the body or the governmental entity to which the body belongs each recording of an open meeting required to be recorded under this chapter or other law.

(c) If neither the governmental body nor the governmental entity to which the body belongs maintains an Internet website, the body shall archive and make available on an existing Internet website, including a publicly accessible video-sharing or social networking site, each recording described by Subsection (b). The archived recordings must be easily found by searching the name of the body on the Internet.

(d) A governmental body must archive and make a recording described by this section available on the applicable Internet website not later than the second business day after the date the meeting is held. A governmental body may not remove a recording from an Internet website once the recording is made available to the public.

(e) A governmental body is exempt from the requirements of this section to the extent a catastrophe, as defined by Section 551.0411, or a technical breakdown prevents the body from complying with this section. Following the catastrophe or technical breakdown, the governmental body shall make all reasonable efforts to make the required recording of the open meeting available in a timely manner.

SECTION 6. Section 551.0725(b), Government Code, is amended to read as follows:

(b) Notwithstanding Section 551.1035 [551.103(a), Government Code], the commissioners court of a county to which that section applies must make a recording of the proceedings of a closed meeting to deliberate the information.

SECTION 7. Section 551.0726, Government Code, is amended to read as follows:

Sec. 551.0726. TEXAS FACILITIES COMMISSION: DELIBERATION REGARDING CONTRACT BEING NEGOTIATED; CLOSED MEETING. [(a)] The Texas Facilities Commission may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting:

(1) the commission votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person; and

(2) the attorney advising the commission issues a written determination finding that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person and setting forth that finding therein.

[(b) Notwithstanding Section 551.103(a), the commission must make a recording of the proceedings of a closed meeting held under this section.]

SECTION 8. The heading to Section 551.103, Government Code, is amended to read as follows:

Sec. 551.103. CERTIFIED AGENDA AND [OR] RECORDING REQUIRED.

SECTION 9. Section 551.103, Government Code, is amended by amending Subsection (a) and adding Subsection (e) to read as follows:

(a) Except as provided by Section 551.1035, a [A] governmental body shall prepare and [either] keep for each closed meeting of the body:

(1) a certified agenda [or make a recording] of the proceedings of the [each closed] meeting; and

(2) either:

(A) a video recording of the meeting; or

(B) a recording of the meeting if the meeting is a telephone conference call meeting authorized by Subchapter F or by other law[, except for a private consultation permitted under Section 551.071].

(e) Subsection (a) does not apply to a private consultation permitted under Section 551.071.

SECTION 10. Subchapter E, Chapter 551, Government Code, is amended by adding Section 551.1035 to read as follows:

Sec. 551.1035. CERTIFIED AGENDA OR RECORDING REQUIRED. (a) This section applies only to a governmental body to which Section 551.0215 applies.

(b) A governmental body shall either keep a certified agenda or make a recording of the proceedings of each closed meeting.

(c) The presiding officer shall certify that an agenda kept under Subsection (b) is a true and correct record of the proceedings.

(d) The certified agenda must include:

(1) a statement of the subject matter of each deliberation;

(2) a record of any further action taken; and

(3) an announcement by the presiding officer at the beginning and the end of the meeting indicating the date and time.

(e) A recording made under Subsection (b) must include announcements by the presiding officer at the beginning and the end of the meeting indicating the date and time.

(f) Subsection (b) does not apply to a private consultation permitted under Section 551.071.

SECTION 11. Section 551.104, Government Code, is amended to read as follows:

Sec. 551.104. CERTIFIED AGENDA AND [OR] RECORDING; PRESERVATION; DISCLOSURE. (a) Except as provided by Subsection (b), a [A] governmental body shall permanently preserve the certified agenda and [or] recording of a closed meeting.

(b) A governmental body to which Section 511.1035 applies shall preserve the certified agenda or recording of a closed meeting for at least two years after the date of the meeting. If an action involving the meeting is brought within that period, the governmental body shall preserve the certified agenda or recording while the action is pending.

(c) [(b)] In litigation in a district court involving an alleged violation of this chapter, the court:

(1) is entitled to make an in camera inspection of the certified agenda and [or] recording;

(2) may admit all or part of the certified agenda and [or] recording as evidence, on entry of a final judgment; and

(3) may grant legal or equitable relief it considers appropriate, including an order that the governmental body make available to the public the certified agenda and [or] recording of any part of a meeting that was required to be open under this chapter.

(d) [(c)] The certified agenda and [or] recording of a closed meeting are [is] available for public inspection and copying only under a court order issued under Subsection (c)(3) [(b)(3)].

SECTION 12. Section 551.121(f), Government Code, is amended to read as follows:

(f) Each part of the telephone conference call meeting that is required to be open to the public must be:

(1) audible to the public at the location specified in the notice of the meeting as the location of the meeting; and

(2) broadcast over the Internet in the manner prescribed by Section 551.128[; and

[(3) recorded and made available to the public in an online archive located on the Internet website of the entity holding the meeting].

SECTION 13. Section 551.122(d), Government Code, is amended to read as follows:

(d) Each part of the telephone conference call meeting that is required to be open to the public shall be audible to the public at the location where the quorum is present [and shall be recorded. The recording shall be made available to the public].

SECTION 14. Section 551.123, Government Code, is amended to read as follows:

Sec. 551.123. TEXAS BOARD OF CRIMINAL JUSTICE. [(a)] The Texas Board of Criminal Justice may hold an open or closed emergency meeting by telephone conference call.

[(b) The portion of the telephone conference call meeting that is open shall be recorded. The recording shall be made available to be heard by the public at one or more places designated by the board.]

SECTION 15. Section 551.126(d), Government Code, is amended to read as follows:

(d) A meeting held by video conference call is subject to the notice requirements applicable to other meetings. In addition, a meeting held by video conference call shall:

(1) be visible and audible to the public at the location specified in the notice of the meeting as the location of the meeting; and

(2) [be recorded by audio and video; and

[(3)] have two-way audio and video communications with each participant in the meeting during the entire meeting.

SECTION 16. Section 551.1281(b), Government Code, is amended to read as follows:

(b) The governing board of a general academic teaching institution or of a university system that includes one or more component general academic teaching institutions, for any regularly scheduled meeting of the governing board for which notice is required under this chapter, shall:

(1) post as early as practicable in advance of the meeting on the Internet website of the institution or university system, as applicable, any written agenda and related supplemental written materials provided to the governing board members in advance of the meeting by the institution or system for the members' use during the meeting; and

(2) broadcast the meeting, other than any portions of the meeting closed to the public as authorized by law, over the Internet in the manner prescribed by Section 551.128[; and

[(3) record the broadcast and make that recording publicly available in an online archive located on the institution's or university system's Internet website].

SECTION 17. Section 551.1282(b), Government Code, is amended to read as follows:

(b) A governing board to which this section applies, for any regularly scheduled meeting of the governing board for which notice is required under this chapter, shall:

(1) post as early as practicable in advance of the meeting on the Internet website of the district any written agenda and related supplemental written materials provided by the district to the board members for the members' use during the meeting; and

(2) broadcast the meeting, other than any portions of the meeting closed to the public as authorized by law, over the Internet in the manner prescribed by Section 551.128[; and

[(3) record the broadcast and make that recording publicly available in an online archive located on the district's Internet website].

SECTION 18. Section 551.130(e), Government Code, is amended to read as follows:

(e) The location where a quorum is physically present must be open to the public during the open portions of a telephone conference call meeting. The open portions of the meeting must be audible to the public at the location where the quorum is present [and be recorded at that location. The recording shall be made available to the public].

SECTION 19. Section 551.131(e), Government Code, is amended to read as follows:

(e) A meeting held by video conference call is subject to the notice requirements applicable to other meetings. In addition, a meeting held by video conference call shall:

(1) be visible and audible to the public at the location specified in the notice of the meeting as the location of the meeting; and

(2) [be recorded by audio and video; and

[(3)] have two-way audio and video communications with each participant in the meeting during the entire meeting.

SECTION 20. Section 551.142(a), Government Code, is amended to read as follows:

(a) A [An interested] person, including a member of the news media, may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of this chapter [by members of a governmental body].

SECTION 21. The heading to Section 551.145, Government Code, is amended to read as follows:

Sec. 551.145. CLOSED MEETING WITHOUT CERTIFIED AGENDA OR RECORDING; OFFENSE[; PENALTY].

SECTION 22. Section 551.145(a), Government Code, is amended to read as follows:

(a) A member of a governmental body commits an offense if the member participates in a closed meeting of the [governmental] body knowing that a certified agenda of the [closed] meeting is not being kept or that a recording required by this chapter or other law of the [closed] meeting is not being made.

SECTION 23. Subchapter G, Chapter 551, Government Code, is amended by adding Sections 551.147 and 551.148 to read as follows:

Sec. 551.147. OPEN MEETING WITHOUT RECORDING; OFFENSE. (a) A member of a governmental body commits an offense if the member participates in an open meeting of the body knowing that a recording required by this chapter or other law of the meeting is not being made.

(b) An offense under Subsection (a) is a Class C misdemeanor.

Sec. 551.148. FAILURE TO ARCHIVE RECORDING; OFFENSE. (a) A member of a governmental body commits an offense if the member knowingly fails to ensure that a recording of an open meeting of the body is made available and maintained on the Internet if required, and as provided, by this chapter.

(b) An offense under Subsection (a) is a Class C misdemeanor.

SECTION 24. Section 7.106(b), Education Code, is amended to read as follows:

(b) In a manner that complies with Section 551.128, Government Code, the agency shall broadcast over the Internet live video and audio of each open meeting held by the board. [Subsequently, the agency shall make available through the agency's Internet website archived video and audio for each meeting for which live video and audio was provided under this subsection.]

SECTION 25. Section 11.1513(b), Education Code, is amended to read as follows:

(b) The board of trustees may accept or reject the superintendent's recommendation regarding the selection of district personnel and shall include the board's acceptance or rejection in, as applicable, the minutes, recording, or [of the board's meeting, as required under Section 551.021, Government Code, in the] certified agenda [or tape recording required under Section 551.103, Government Code, or in the recording] required under Chapter 551 [Section 551.125 or 551.127], Government Code[, as applicable]. If the board rejects the superintendent's recommendation, the superintendent shall make alternative recommendations until the board accepts a recommendation.

SECTION 26. Section 418.183(f), Government Code, is amended to read as follows:

(f) A governmental body subject to Chapter 551 is not required to conduct an open meeting to deliberate information to which this section applies. Notwithstanding Section 551.1035, a [551.103(a), the] governmental body to which that section applies must make a [tape] recording of the proceedings of a closed meeting to deliberate the information.

SECTION 27. Section 116.006(b), Health and Safety Code, is amended to read as follows:

(b) Section 551.125, Government Code, applies to a meeting held by conference call under this section, except that Section 551.125(b), Government Code, does not apply. The council shall record each meeting held by conference call and make the recording available to the public.

SECTION 28. Section 370.262(d), Transportation Code, is amended to read as follows:

(d) Each part of the telephone conference call meeting that by law must be open to the public shall be audible to the public at the location specified in the notice [and shall be tape-recorded or documented by written minutes. On conclusion of the meeting, the tape recording or the written minutes of the meeting shall be made available to the public].

SECTION 29. Section 8(c), Chapter 1507 (S.B. 456), Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), is amended to read as follows:

(c) Chapter 551, Government Code, does not apply to a meeting of a subcommittee of the governing body of a local organizing committee if:

(1) the subcommittee consists of not more than five members;

(2) the meeting is not held in a public building;

(3) the subcommittee makes a tape recording of the proceedings of the meeting [in compliance with Section 551.103, Government Code,] and the local organizing committee preserves the tape recording for two years from the date the recording is made;

(4) the subcommittee does not discuss or decide any financial matters during the meeting; and

(5) any decision made by the subcommittee will not become effective without being reviewed and officially adopted by the governing body of the local organizing committee at a meeting held in compliance with Chapter 551, Government Code.

SECTION 30. The changes in law made by this Act apply only to a meeting held or a recording required to be made on or after September 1, 2017. A meeting held or a recording required to be made before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 31. This Act takes effect September 1, 2017.