Bill Text: TX HB3752 | 2019-2020 | 86th Legislature | Comm Sub

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Bill Title: Relating to certain procedures applicable to meetings under the open meetings law and the disclosure of public information under the public information law in the event of an emergency, urgent public necessity, or catastrophic event.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2019-04-26 - Committee report sent to Calendars [HB3752 Detail]

Download: Texas-2019-HB3752-Comm_Sub.html

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86R20458 TJB-D
By: Walle H.B. No. 3752
Substitute the following for H.B. No. 3752:
By: Guerra C.S.H.B. No. 3752

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