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A BILL TO BE ENTITLED
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AN ACT
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relating to changing the elements of an offense for certain open |
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meetings requirements for a member of a governmental body. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sec. 551.143(a), Government Code, is amended to |
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read as follows: |
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Sec. 551.143. CIRCUMVENTION OF [CONSPIRACY TO CIRCUMVENT] |
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CHAPTER; OFFENSE; PENALTY. (a) A member [or group of members] of a |
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governmental body commits an offense if the member, outside of a |
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meeting, [or group of members] knowingly engages, directly or |
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indirectly, in a series of verbal or written communications with |
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other members of the governmental body without [conspires to
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circumvent this chapter by meeting in numbers less than] a quorum |
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present regarding a tacit or explicit agreement to act uniformly in |
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sufficient number to constitute a quorum concerning: |
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(1) an issue within the jurisdiction of the |
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governmental body; or |
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(2) any public business [for the purpose of secret
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deliberations in violation of this chapter]. |
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(b) if the member, outside of a meeting, knowingly engages |
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in conduct intended to learn or affect the votes of other members of |
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the governmental body, directly or indirectly, in sufficient |
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numbers to constitute a quorum, concerning an issue within the |
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jurisdiction of the governmental body or any public business. |
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(c) [(b)] An offense under Subsection (a) is a misdemeanor |
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punishable by: |
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(1) a fine of not less than $100 or more than $500; |
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(2) confinement in the county jail for not less than |
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one month or more than six months; or |
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(3) both the fine and confinement. |
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SECTION 2. 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, 2019. |