87R3086 SGM-F
	By: Gutierrez	S.B. No. 1515

	A BILL TO BE ENTITLED
	AN ACT
	relating to the authority of all governmental bodies to hold open
	and closed meetings by telephone or videoconference call.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 551, Government Code, is
	amended by adding Section 551.0025 to read as follows:
	Sec. 551.0025.  MEETING BY TELEPHONE CONFERENCE OR
	VIDEOCONFERENCE CALL. (a) In this section, "conference call"
	means a meeting held by:
	(1)  telephone conference call;
	(2)  videoconference call; or
	(3)  telephone conference and videoconference call.
	(b)  Notwithstanding any other law, a governmental body may
	hold an open or closed meeting by conference call.
	(c)  Each part of a meeting held by conference call required
	to be open to the public shall:
	(1)  be audible to the public;
	(2)  be visible to the public if it is a videoconference
	call; and
	(3)  have two-way communication with each participant.
	(d)  A member or employee of a governmental body may
	participate in a meeting by conference call only if the audio signal
	of the participant is heard live at the meeting and complies with
	the provisions of this section.
	(e)  A member of a governmental body who participates in a
	meeting by conference call shall be counted as present at the
	meeting for all purposes.
	(f)  A member of a governmental body who participates in a
	meeting by conference call shall be considered absent from any
	portion of the meeting during which audio communication with the
	member is lost or disconnected. The governmental body may continue
	the meeting only if a quorum of the body continues to participate in
	the meeting.
	(g)  A governmental body may allow a member of the public to
	testify at a meeting by conference call.
	(h)  A meeting held by conference call is subject to the
	notice requirements applicable to other meetings in addition to the
	notice requirements prescribed by this section.
	(i)  The notice of a meeting held by conference call must
	provide instructions explaining how members of the public may:
	(1)  listen to the open portions of the meeting; and
	(2)  address the governmental body during the meeting.
	(j)  A meeting held by conference call shall be recorded.
	The recording shall be made available to the public.
	(k)  The Department of Information Resources by rule shall
	specify minimum standards for the recording of a meeting held by
	conference call. The quality of the recording must meet or exceed
	those standards.
	SECTION 2.  Section 11.1513(b), Education Code, is amended
	to read as follows:
	(b)  The board of trustees may accept or reject the
	superintendent's recommendation regarding the selection of
	district personnel and shall include the board's acceptance or
	rejection in the minutes of the board's meeting, as required under
	Section 551.021, Government Code, in the certified agenda or tape
	recording required under Section 551.103, Government Code, or in
	the recording required under Section 551.0025 [551.125 or 551.127],
	Government Code[, as applicable]. If the board rejects the
	superintendent's recommendation, the superintendent shall make
	alternative recommendations until the board accepts a
	recommendation.
	SECTION 3.  Section 33.256, Education Code, is amended to
	read as follows:
	Sec. 33.256.  MEETINGS. [(a)] The council shall meet in
	person at least three times each year and may hold additional
	meetings by conference call if necessary.
	[(b)  Section 551.125, Government Code, applies to a meeting
	held by conference call under this section, except that Section
	551.125(b), Government Code, does not apply.]
	SECTION 4.  Section 61.025(b), Education Code, is amended to
	read as follows:
	(b)  Except as provided by Section 551.0025 [551.126],
	Government Code, the board shall hold regular quarterly meetings in
	the city of Austin, and other meetings at places and times scheduled
	by it in formal sessions and called by the chairman.
	SECTION 5.  Section 61.06641(i), Education Code, is amended
	to read as follows:
	(i)  The [Notwithstanding Chapter 551, Government Code, or
	any other law, the] advisory council may meet by telephone
	conference call, videoconference, or other similar
	telecommunication method. A meeting held by telephone conference
	call, videoconference, or other similar telecommunication method
	is subject to the requirements of Section 551.0025 [Sections
	551.125(c)-(f)], Government Code.
	SECTION 6.  Section 66.08(h), Education Code, is amended to
	read as follows:
	(h)  The corporation:
	(1)  is subject to the Texas Non-Profit Corporation Act
	(Article 1396-1.01 et seq., Vernon's Texas Civil Statutes); and
	(2)  is subject to the provisions of Chapter 551,
	Government Code (the open meetings law), that apply to the board of
	regents of The University of Texas System, except that the board of
	directors of the corporation[:
	[(A)] may discuss an investment or potential
	investment with one or more employees of the corporation or with a
	third party to the extent permitted to the board of trustees of the
	Texas growth fund under Section 551.075, Government Code[; and
	[(B) is not subject to Section 551.121 or Section
	551.125, Government Code, rather any director of the corporation
	may attend any meeting of the board of directors by telephone
	conference call provided that the telephone conference is audible
	to the public at the meeting location specified in the notice of the
	meeting during each part of the meeting that is required to be open
	to the public].
	SECTION 7.  Section 419.906(e), Government Code, is amended
	to read as follows:
	(e)  Notwithstanding Section 419.0365, the commission may
	temporarily suspend a person's or regulated entity's certificate on
	a determination by a panel of the commission that continued
	activity by the person or entity would present an immediate threat
	to the public or to fire service trainees. [The panel may hold a
	meeting for purposes of this subsection by teleconference call
	pursuant to Section 551.125.] A person or regulated entity whose
	certificate is temporarily suspended under this subsection is
	entitled to a hearing before the commission not later than the 14th
	day after the date of the temporary suspension.
	SECTION 8.  The heading to Subchapter F, Chapter 551,
	Government Code, is amended to read as follows:
	SUBCHAPTER F. MEETINGS USING THE [TELEPHONE, VIDEOCONFERENCE, OR]
	INTERNET
	SECTION 9.  Sections 551.129(a) and (c), Government Code,
	are amended to read as follows:
	(a)  A governmental body may use [a telephone conference
	call, video conference call, or] communications over the Internet
	to conduct a public consultation with its attorney in an open
	meeting of the governmental body or a private consultation with its
	attorney in a closed meeting of the governmental body.
	(c)  Subsection (a) does not:
	(1)  authorize the members of a governmental body to
	conduct a meeting of the governmental body [by telephone conference
	call, video conference call, or communications] over the Internet;
	or
	(2)  create an exception to the application of this
	subchapter.
	SECTION 10.  Section 116.006, Health and Safety Code, is
	amended to read as follows:
	Sec. 116.006.  MEETINGS. [(a)] The council shall meet in
	person three times each year [and may hold meetings by conference
	call as necessary]. The council shall invite stakeholders to
	participate in at least two council meetings each year and provide
	an opportunity for submission of oral or written testimony. The
	council at a minimum shall invite:
	(1)  one individual with expertise in early childhood
	nutrition and physical activity, such as a registered dietician,
	physical therapist, or physical education specialist;
	(2)  one staff member or manager of a child-care
	facility;
	(3)  one staff member or manager of a child-care
	facility operated in a private residence;
	(4)  two individuals with medical experience in early
	childhood health, such as a family practice physician, registered
	nurse, nurse practitioner, pediatrician, or child health
	consultant;
	(5)  one representative from a nonprofit organization
	that provides family or wellness services; and
	(6)  one representative from an agency or organization
	with expertise in community health education and outreach, such as
	a local health department, public relations or marketing firm, or
	university.
	[(b)  Section 551.125, Government Code, applies to a meeting
	held by conference call under this section, except that Section
	551.125(b), Government Code, does not apply.]
	SECTION 11.  Section 117.056, Health and Safety Code, is
	amended to read as follows:
	Sec. 117.056.  MEETINGS. [(a)] The committee shall meet at
	least quarterly or more frequently at the call of the presiding
	officer.
	[(b)  To ensure appropriate representation from all areas of
	this state, the committee may meet by videoconference or telephone
	conference call. A meeting held by videoconference or telephone
	conference call under this subsection must comply with the
	requirements applicable to a telephone conference call under
	Sections 551.125(c), (d), (e), and (f), Government Code. Sections
	551.125(b) and 551.127, Government Code, do not apply to the
	committee.]
	SECTION 12.  Section 117.105, Health and Safety Code, is
	amended to read as follows:
	Sec. 117.105.  OPEN MEETINGS ACT. The [Except as provided by
	Section 117.056, the] committee is subject to Chapter 551,
	Government Code.
	SECTION 13.  Section 120.054, Health and Safety Code, is
	amended to read as follows:
	Sec. 120.054.  MEETINGS. [(a)] The task force shall meet at
	least quarterly each fiscal year. Members may hold meetings by
	telephone conference call [calls] and through videoconference in
	accordance with Section 551.0025 [551.127], Government Code.
	[(b)  Section 551.125, Government Code, applies to a meeting
	held by conference call under this section, except that Section
	551.125(b), Government Code, does not apply.]
	SECTION 14.  Section 81.001(b), Local Government Code, is
	amended to read as follows:
	(b)  If present, the county judge is the presiding officer of
	the commissioners court. This subsection does not apply to a
	meeting held under Section 551.0025 [551.127], Government Code[, if
	the county judge is not located at the physical space made available
	to the public for the meeting].
	SECTION 15.  Section 26.06(a), Tax Code, is amended to read
	as follows:
	(a)  A public hearing required by Section 26.05 may not be
	held before the fifth day after the date the notice of the public
	hearing is given. The hearing must be on a weekday that is not a
	public holiday. [The hearing must be held inside the boundaries of
	the unit in a publicly owned building or, if a suitable publicly
	owned building is not available, in a suitable building to which the
	public normally has access.] At the hearing, the governing body
	must afford adequate opportunity for proponents and opponents of
	the tax increase to present their views.
	SECTION 16.  Section 3.01(j), Article 6243a-1, Vernon's
	Texas Civil Statutes, is amended to read as follows:
	(j)  The board has full power to make rules pertaining to the
	conduct of its meetings and to the operation of the pension system
	as long as its rules are not, subject to Subsections (j-1) and (j-2)
	of this section, inconsistent with the terms of this article, any
	pension plan within the pension system, or the laws of this state or
	the United States to the extent applicable. A board meeting may be
	held by [telephone] conference call [or by videoconference call] in
	accordance with Section 551.0025 [Sections 551.125 and 551.127],
	Government Code[, except that Section 551.125(b), Government Code,
	does not apply].
	SECTION 17.  The following provisions are repealed:
	(1)  Sections 551.121, 551.122, 551.123, 551.124,
	551.125, 551.126, 551.127, 551.130, and 551.131, Government Code;
	(2)  Section 81.406(b), Health and Safety Code;
	(3)  Section 9601.056(e), Special District Local Laws
	Code; and
	(4)  Section 370.262, Transportation Code.
	SECTION 18.  The changes in law made by this Act apply only
	to a meeting of a governmental body that is 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 on the date of the
	meeting, and the former law is continued in effect for that purpose.
	SECTION 19.  This Act takes effect September 1, 2021.