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AN ACT
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relating to the open meetings law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 551.001(2), Government Code, is amended |
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to read as follows: |
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(2) "Deliberation" means a verbal or written exchange |
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[during a meeting] between a quorum of a governmental body, or |
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between a quorum of a governmental body and another person, |
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concerning an issue within the jurisdiction of the governmental |
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body [or any public business]. |
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SECTION 2. The heading to Section 551.143, Government Code, |
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is amended to read as follows: |
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Sec. 551.143. PROHIBITED SERIES OF COMMUNICATIONS |
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[CONSPIRACY TO CIRCUMVENT CHAPTER]; OFFENSE; PENALTY. |
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SECTION 3. Section 551.143(a), Government Code, is amended |
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to read as follows: |
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(a) A member [or group of members] of a governmental body |
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commits an offense if the member: |
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(1) [or group of members] knowingly engages in at |
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least one communication among a series of communications that each |
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occur outside of a meeting authorized by this chapter and that |
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concern an issue within the jurisdiction of the governmental body |
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in which the members engaging in the individual communications |
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constitute fewer than a quorum of members but the members engaging |
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in the series of communications constitute a quorum of members; and |
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(2) knew at the time the member engaged in the |
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communication that the series of communications: |
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(A) involved or would involve a quorum; and |
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(B) would constitute a deliberation once a quorum |
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of members engaged in the series of communications [conspires to
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circumvent this chapter by meeting in numbers less than a quorum for
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the purpose of secret deliberations in violation of this chapter]. |
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SECTION 4. Section 551.143, Government Code, as amended by |
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this Act, applies only to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 5. 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1640 passed the Senate on |
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April 9, 2019, by the following vote: Yeas 30, Nays 1; and that |
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the Senate concurred in House amendment on May 23, 2019, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1640 passed the House, with |
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amendment, on May 17, 2019, by the following vote: Yeas 145, |
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Nays 1, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |