89R10078 MCK-D

By: Bettencourt S.B. No. 2485

A BILL TO BE ENTITLED

AN ACT

relating to the entities covered by the open meetings law and the live broadcast and archived recording of an open meeting of a governmental body.

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

SECTION 1. Section 551.001(3), Government Code, is amended to read as follows:

(3) "Governmental body" means:

(A) a board, commission, department, committee, or agency within the executive or legislative branch of state government that is directed by one or more elected or appointed members;

(B) a county commissioners court in the state;

(C) a municipal governing body in the state;

(D) a deliberative body that has rulemaking or quasi-judicial power and that is classified as a department, agency, or political subdivision of a county or municipality;

(E) a school district board of trustees;

(F) a county board of school trustees;

(G) a county board of education;

(H) the governing board of a special district created by law;

(I) a local workforce development board created under Section 2308.253;

(J) a nonprofit corporation that is eligible to receive funds under the federal community services block grant program and that is authorized by this state to serve a geographic area of the state;

(K) a nonprofit corporation organized under Chapter 67, Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Section 11.30, Tax Code;

(L) a joint board created under Section 22.074, Transportation Code; [and]

(M) a board of directors of a reinvestment zone created under Chapter 311, Tax Code;

(N) the board of directors of a public facility corporation created under Chapter 303, Local Government Code;

(O) the board of directors of a housing finance corporation created under Chapter 394, Local Government Code; and

(P) the governing body of a housing authority created under Chapter 392, Local Government Code.

SECTION 2. Section 551.128, Government Code, is amended to read as follows:

Sec. 551.128. LIVE [INTERNET] BROADCAST AND ARCHIVED RECORDING OF OPEN MEETING. (a) In this section, "Internet" means the largest nonproprietary cooperative public computer network, popularly known as the Internet.

(b) A [Except as provided by Subsection (b-1) and subject to the requirements of this section, a] governmental body shall:

(1) [may] broadcast each [an] open meeting on [over] the governmental body's Internet website;

(2) [.

[(b-1) A transit authority or department subject to Chapter 451, 452, 453, or 460, Transportation Code, an elected school district board of trustees for a school district that has a student enrollment of 10,000 or more, an elected governing body of a home-rule municipality that has a population of 50,000 or more, or a county commissioners court for a county that has a population of 125,000 or more shall:

[(1)] make a video and audio recording of reasonable quality of each[:

[(A) regularly scheduled] open meeting; [that is not a work session or a special called meeting; and

[(B) open meeting that is a work session or special called meeting if:

[(i) the governmental body is an elected school district board of trustees for a school district that has a student enrollment of 10,000 or more; and

[(ii) at the work session or special called meeting, the board of trustees votes on any matter or allows public comment or testimony;] and

(3) [(2)] make available an archived copy of the video and audio recording of each open meeting [described by Subdivision (1)] on the governmental body's Internet website.

(c) [(b-2) A governmental body described by Subsection (b-1) may make available the archived recording of a meeting required by Subsection (b-1) on an existing Internet site, including a publicly accessible video-sharing or social networking site. The governmental body is not required to establish a separate Internet site and provide access to archived recordings of meetings from that site.

[(b-3) A governmental body described by Subsection (b-1) that maintains an Internet site shall make available on that site, in a conspicuous manner:

[(1) the archived recording of each meeting to which Subsection (b-1) applies; or

[(2) an accessible link to the archived recording of each such meeting.

[(b-4)] A governmental body [described by Subsection (b-1)] shall:

(1) make the archived recording of each open meeting [to which Subsection (b-1) applies] available on the governmental body's Internet website not later than the seventh day [seven days] after the date the recording was made; and

(2) maintain the archived recording on the governmental body's Internet website until the second anniversary of [for not less than two years after] the date the recording was first made available.

[(b-5) A governmental body described by Subsection (b-1) is exempt from the requirements of Subsections (b-2) and (b-4) if the governmental body's failure to make the required recording of a meeting available is the result of a catastrophe, as defined by Section 551.0411, or a technical breakdown. Following a catastrophe or breakdown, a governmental body must make all reasonable efforts to make the required recording available in a timely manner.]

(d) [(b-6)] A governmental body [described by Subsection (b-1)] may broadcast a regularly scheduled open meeting of the body on television.

(e) A [(c) Except as provided by Subsection (b-2), a] governmental body that does not have an [broadcasts a meeting over the] Internet website may [shall establish an Internet site and provide access to the] broadcast each open meeting and make available the archived recording of each open meeting on an existing [from that site. The governmental body shall provide on the] Internet site, including a publicly accessible video-sharing or social networking site. The governmental body shall include in the [same] notice of the meeting a description of how to access:

(1) the live broadcast of the open meeting [that the governmental body is required to post under Subchapter C. The notice] on the Internet; and

(2) the archived recording of the open meeting on the Internet [must be posted within the time required for posting notice under Subchapter C].

SECTION 3. Section 472.036, Transportation Code, is amended to read as follows:

Sec. 472.036. INTERNET BROADCAST AND ARCHIVE OF OPEN MEETINGS. In a manner that complies with Section 551.128 [551.128(c)], Government Code, a metropolitan planning organization that serves one or more counties with a population of 350,000 or more shall broadcast over the Internet live video and audio of each open meeting held by the policy board. Subsequently, the organization shall make available through the organization's Internet website archived video and audio for each meeting for which live video and audio was provided under this section.

SECTION 4. The changes in law made by this Act apply only to an open meeting held on or after the effective date of this Act. An open meeting held before the effective date of this Act is governed by the law in effect on the date the open meeting is held, and the former law is continued in effect for that purpose.

SECTION 5. This Act takes effect September 1, 2025.