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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures applicable to meetings under the |
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open meetings law and the disclosure of public information under |
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the public information law in the event of an emergency, urgent |
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public necessity, or catastrophic event. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 551.045, Government Code, is amended by |
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amending Subsections (a), (b), and (e) and adding Subsection (a-1) |
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to read as follows: |
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(a) In an emergency or when there is an urgent public |
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necessity, the notice of a meeting to deliberate or take action on |
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the emergency or urgent public necessity, or the supplemental |
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notice to add the deliberation or taking of action on the emergency |
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or urgent public necessity as an item to the agenda [of a subject
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added as an item to the agenda] for a meeting for which notice has |
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been posted in accordance with this subchapter, is sufficient if |
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the notice or supplemental notice [it] is posted for at least one |
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hour [two hours] before the meeting is convened. |
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(a-1) A governmental body may not deliberate or take action |
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on a matter at a meeting for which notice or supplemental notice is |
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posted under Subsection (a) other than: |
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(1) a matter directly related to responding to the |
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emergency or urgent public necessity identified in the notice or |
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supplemental notice of the meeting as provided by Subsection (c); |
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or |
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(2) an agenda item listed on a notice of the meeting |
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before the supplemental notice was posted. |
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(b) An emergency or an urgent public necessity exists only |
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if immediate action is required of a governmental body because of: |
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(1) an imminent threat to public health and safety, |
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including a threat described by Subdivision (2) if imminent; or |
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(2) a reasonably unforeseeable situation, including: |
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(A) fire, flood, earthquake, hurricane, tornado, |
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or wind, rain, or snow storm; |
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(B) power failure, transportation failure, or |
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interruption of communication facilities; |
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(C) epidemic; or |
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(D) riot, civil disturbance, enemy attack, or |
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other actual or threatened act of lawlessness or violence. |
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(e) For purposes of Subsection (b)(2), the sudden |
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relocation of a large number of residents from the area of a |
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declared disaster to a governmental body's jurisdiction is |
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considered a reasonably unforeseeable situation for a reasonable |
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period immediately following the relocation. [Notice of an
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emergency meeting or supplemental notice of an emergency item added
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to the agenda of a meeting to address a situation described by this
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subsection must be given to members of the news media as provided by
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Section 551.047 not later than one hour before the meeting.] |
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SECTION 2. Section 551.047(c), Government Code, is amended |
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to read as follows: |
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(c) The presiding officer or member shall give the notice by |
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telephone, facsimile transmission, or electronic mail at least one |
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hour before the meeting is convened. |
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SECTION 3. Section 551.142, Government Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) The attorney general may bring an action by mandamus or |
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injunction to stop, prevent, or reverse a violation or threatened |
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violation of Section 551.045(a-1) by members of a governmental |
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body. |
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(d) A suit filed by the attorney general under Subsection |
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(c) must be filed in a district court of Travis County. |
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SECTION 4. Subchapter E, Chapter 552, Government Code, is |
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amended by adding Section 552.233 to read as follows: |
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Sec. 552.233. TEMPORARY SUSPENSION OF REQUIREMENTS FOR |
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GOVERNMENTAL BODY IMPACTED BY CATASTROPHE. (a) In this section: |
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(1) "Catastrophe" means a condition or occurrence that |
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interferes with the ability of a governmental body to comply with |
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the requirements of this chapter, including: |
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(A) fire, flood, earthquake, hurricane, tornado, |
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or wind, rain, or snow storm; |
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(B) power failure, transportation failure, or |
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interruption of communication facilities; |
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(C) epidemic; or |
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(D) riot, civil disturbance, enemy attack, or |
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other actual or threatened act of lawlessness or violence. |
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(2) "Suspension period" means the period of time |
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during which a governmental body may suspend the applicability of |
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the requirements of this chapter to the governmental body under |
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this section. |
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(b) The requirements of this chapter do not apply to a |
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governmental body during the suspension period determined by the |
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governmental body under Subsections (d) and (e) if the governmental |
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body: |
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(1) is currently impacted by a catastrophe; and |
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(2) complies with the requirements of this section. |
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(c) A governmental body that elects to suspend the |
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applicability of the requirements of this chapter to the |
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governmental body must submit notice to the office of the attorney |
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general that the governmental body is currently impacted by a |
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catastrophe and has elected to suspend the applicability of those |
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requirements during the initial suspension period determined under |
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Subsection (d). The notice must be on the form prescribed by the |
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office of the attorney general under Subsection (j). |
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(d) A governmental body may suspend the applicability of the |
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requirements of this chapter to the governmental body for an |
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initial suspension period. The initial suspension period may not |
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exceed seven consecutive days and must occur during the period |
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that: |
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(1) begins not earlier than the second day before the |
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date the governmental body submits notice to the office of the |
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attorney general under Subsection (c); and |
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(2) ends not later than the seventh day after the date |
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the governmental body submits that notice. |
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(e) A governmental body may extend an initial suspension |
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period if the governing body determines that the governing body is |
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still impacted by the catastrophe on which the initial suspension |
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period was based. The initial suspension period may be extended one |
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time for not more than seven consecutive days that begin on the day |
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following the day the initial suspension period ends. The |
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governing body must submit notice of the extension to the office of |
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the attorney general on the form prescribed by the office under |
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Subsection (j). |
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(f) A governmental body that suspends the applicability of |
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the requirements of this chapter to the governmental body under |
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this section must provide notice to the public of the suspension in |
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a place readily accessible to the public and in each other location |
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the governmental body is required to post a notice under Subchapter |
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C, Chapter 551. The governmental body must maintain the notice of |
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the suspension during the suspension period. |
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(g) Notwithstanding another provision of this chapter, a |
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request for public information received by a governmental body |
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during a suspension period determined by the governmental body is |
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considered to have been received by the governmental body on the |
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first business day after the date the suspension period ends. |
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(h) The requirements of this chapter related to a request |
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for public information received by a governmental body before the |
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date an initial suspension period determined by the governmental |
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body begins are tolled until the first business day after the date |
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the suspension period ends. |
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(i) The office of the attorney general shall continuously |
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post on the Internet website of the office each notice submitted to |
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the office under this section from the date the office receives the |
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notice until the first anniversary of that date. |
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(j) The office of the attorney general shall prescribe the |
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form of the notice that a governmental body must submit to the |
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office under Subsections (c) and (e). The notice must require the |
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governmental body to: |
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(1) identify and describe the catastrophe that the |
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governmental body is currently impacted by; |
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(2) state the date the initial suspension period |
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determined by the governmental body under Subsection (d) begins and |
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the date that period ends; |
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(3) if the governmental body has determined to extend |
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the initial suspension period under Subsection (e): |
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(A) state that the governmental body continues to |
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be impacted by the catastrophe identified in Subdivision (1); and |
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(B) state the date the extension to the initial |
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suspension period begins and the date the period ends; and |
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(4) provide any other information the office of the |
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attorney general determines necessary. |
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SECTION 5. As soon as practicable after this Act becomes law |
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as provided by Section 2001.006, Government Code, the office of the |
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attorney general shall prescribe the form of the notice required by |
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Section 552.233(j), Government Code, as added by this Act. |
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SECTION 6. Sections 551.045 and 551.047, Government Code, |
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as amended by this Act, apply only to a meeting held on or after the |
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effective date of this Act. A meeting held before the effective |
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date of this Act is governed by the law in effect immediately before |
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the effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2019. |