BILL ANALYSIS

 

 

 

S.B. 2145

By: Perry

Intergovernmental Affairs

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The bill sponsor has informed the committee that public improvement districts provide local governments with a development tool to undertake improvement projects for a municipality or county and that, similarly, tax increment reinvestment zones allow local governments to invest in public infrastructure and other improvements up front and to pay later for those investments by capturing the anticipated increase in tax revenues generated by the project. S.B. 2145 seeks to provide flexibility for the advisory body of a public improvement district and the board of directors of a reinvestment zone by providing for the use of telecommunication devices to hold a meeting under certain circumstances.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

S.B. 2145 amends the Local Government Code to authorize any number of the members of an advisory body appointed under the Public Improvement District Assessment Act to attend a board meeting by use of telephone conference call, video conference call, or other similar telecommunication device if a member is physically present at the meeting. A member of the advisory body who attends a meeting via a telecommunication device is considered present for purposes of constituting a quorum, voting, and any other form of participation in the meeting. These provisions apply regardless of the subject of the meeting or topics considered at the meeting.

 

S.B. 2145 requires the advisory body, if an advisory body holds a meeting using a telecommunication device in the manner provided by the bill, to provide two-way audio communication between board members attending the meeting and, if the two-way audio communication link with a member is disrupted, to stop the meeting until the link is reestablished.

 

S.B. 2145 amends the Tax Code to authorize any number of the members of the board of directors of a reinvestment zone to attend a meeting by use of telephone conference call, video conference call, or other similar telecommunication device if the chair or vice chair of the board is physically present at the meeting. A member of the board who attends a meeting via a telecommunication device is considered present for purposes of constituting a quorum, voting, and any other form of participation in the board meeting. These provisions apply regardless of the subject of the meeting or topics considered at the meeting.

 

S.B. 2145 establishes the following, if the board holds a meeting using a telecommunication device in the manner provided by the bill:

·       the meeting is subject to the notice requirements for other meetings;

·       the board must specify in the notice the location of the meeting at which the chair or vice chair will be physically present;

·       the board must make the meeting open and audible to the public at the location at which the chair or vice chair will be physically present; and

·       the board must provide two-way audio communication between board members attending the meeting and, if the two-way audio communication link with a member is disrupted, stop the meeting until the link is reestablished.

 

EFFECTIVE DATE

 

September 1, 2025.