| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to remote meetings under the open meetings law. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 551.125, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 551.125. MEETING FROM REMOTE LOCATIONS BY TELEPHONE |
|
|
CONFERENCE CALL [OTHER GOVERNMENTAL BODY]. (a) Except as |
|
|
otherwise provided by this subchapter, this chapter does not |
|
|
prohibit a governmental body from holding an open or closed meeting |
|
|
from one or more remote locations by telephone conference call. |
|
|
(b) A meeting held by telephone conference call may be held |
|
|
only if: |
|
|
(1) [an emergency or public necessity exists within |
|
|
the meaning of Section 551.045 of this chapter; and |
|
|
[(2)] the convening at one location of a quorum of the |
|
|
governmental body is difficult or impossible; or |
|
|
(2) [(3)] the meeting is held by an advisory board. |
|
|
(c) The telephone conference call meeting is subject to the |
|
|
notice requirements applicable to other meetings except as |
|
|
otherwise provided by Subsection (d). |
|
|
(d) The notice of the telephone conference call meeting |
|
|
must: |
|
|
(1) include the statement "Telephone conference call |
|
|
under Section 551.125, Government Code" in lieu of the place of the |
|
|
meeting; |
|
|
(2) list each physical location where members of the |
|
|
public may listen to or participate in the meeting, including: |
|
|
(A) any location that is open to the public where |
|
|
a member of the governmental body intends to participate in the |
|
|
meeting; and |
|
|
(B) any facility provided by the governmental |
|
|
body for members of the public to listen to the meeting or provide |
|
|
testimony or comments; |
|
|
(3) include access information for an audio feed of |
|
|
the meeting; and |
|
|
(4) if applicable, include instructions for members of |
|
|
the public to provide testimony or comments to the governmental |
|
|
body [specify as the location of the meeting the location where |
|
|
meetings of the governmental body are usually held]. |
|
|
(e) Any method of access that is provided to the public for |
|
|
listening to or participating in the telephone conference call |
|
|
meeting must be widely available at no cost to the public, |
|
|
including: |
|
|
(1) a toll-free telephone number; or |
|
|
(2) a free, widely available computer application that |
|
|
can be installed on: |
|
|
(A) a mobile telephone; |
|
|
(B) a computer; |
|
|
(C) an Internet-connected television; or |
|
|
(D) a similar, widely available electronic |
|
|
device. |
|
|
(f) [(e)] Each part of the telephone conference call |
|
|
meeting that is required to be open to the public shall be audible |
|
|
to the public using the access information described by Subsection |
|
|
(d) [at the location specified in the notice of the meeting as the |
|
|
location of the meeting] and shall be recorded. The recording shall |
|
|
be made available to the public. |
|
|
(g) [(f)] The [location designated in the notice as the |
|
|
location of the meeting shall provide two-way communication during |
|
|
the entire telephone conference call meeting and the] |
|
|
identification of each party to the telephone conference shall be |
|
|
clearly stated prior to speaking. |
|
|
(h) If the governmental body prepares an agenda packet that |
|
|
would have been distributed to members of the public at a |
|
|
face-to-face meeting, the governmental body shall make the packet |
|
|
available electronically so that members of the public listening |
|
|
remotely can follow along with the meeting. |
|
|
SECTION 2. Section 551.127, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 551.127. MEETING FROM REMOTE LOCATIONS BY |
|
|
VIDEOCONFERENCE CALL. (a) Except as otherwise provided by this |
|
|
section, this chapter does not prohibit a governmental body from |
|
|
holding an open or closed meeting from one or more remote locations |
|
|
by videoconference call. |
|
|
(b) [(a-1)] A member or employee of a governmental body may |
|
|
participate remotely in a meeting of the governmental body by means |
|
|
of a videoconference call if the [video and] audio feed and, if |
|
|
applicable, video feed of the member's or employee's participation |
|
|
[, as applicable, is broadcast live at the meeting and] complies |
|
|
with the provisions of this section. |
|
|
(c) [(a-2)] A member of a governmental body who |
|
|
participates in a meeting as provided by Subsection (b) [(a-1)] |
|
|
shall be counted as present at the meeting for all purposes. |
|
|
(d) [(a-3)] A member of a governmental body who |
|
|
participates in a meeting by videoconference call shall be |
|
|
considered absent from any portion of the meeting during which |
|
|
audio [or video] communication with the member is lost or |
|
|
disconnected. The governmental body may continue the meeting only |
|
|
if members in a number sufficient to constitute a quorum of the body |
|
|
remain audible and visible to each other and, during the open |
|
|
portion of the meeting, to the public [remains present at the |
|
|
meeting location or, if applicable, continues to participate in a |
|
|
meeting conducted under Subsection (c)]. |
|
|
[(b) A meeting may be held by videoconference call only if a |
|
|
quorum of the governmental body is physically present at one |
|
|
location of the meeting, except as provided by Subsection (c). |
|
|
[(c) A meeting of a state governmental body or a |
|
|
governmental body that extends into three or more counties may be |
|
|
held by videoconference call only if the member of the governmental |
|
|
body presiding over the meeting is physically present at one |
|
|
location of the meeting that is open to the public during the open |
|
|
portions of the meeting.] |
|
|
(e) [(d)] A meeting held by videoconference call is subject |
|
|
to the notice requirements applicable to other meetings except as |
|
|
otherwise provided by Subsection (f) [in addition to the notice |
|
|
requirements prescribed by this section]. |
|
|
(f) [(e)] The notice of a meeting to be held by |
|
|
videoconference call must: |
|
|
(1) include the statement "Videoconference call under |
|
|
Section 551.127, Government Code" in lieu of the place of the |
|
|
meeting; |
|
|
(2) list each physical location where members of the |
|
|
public may observe or participate in the meeting, including: |
|
|
(A) any location that is open to the public where |
|
|
a member of the governmental body intends to participate in the |
|
|
meeting; and |
|
|
(B) any facility provided by the governmental |
|
|
body for members of the public to observe the meeting or provide |
|
|
testimony or comments; |
|
|
(3) include access information for both audio-only and |
|
|
audiovisual feeds of the meeting; and |
|
|
(4) if applicable, include instructions for members of |
|
|
the public to provide testimony or comments to the governmental |
|
|
body [specify as a location of the meeting the location where a |
|
|
quorum of the governmental body will be physically present and |
|
|
specify the intent to have a quorum present at that location, except |
|
|
that the notice of a meeting to be held by videoconference call |
|
|
under Subsection (c) must specify as a location of the meeting the |
|
|
location where the member of the governmental body presiding over |
|
|
the meeting will be physically present and specify the intent to |
|
|
have the member of the governmental body presiding over the meeting |
|
|
present at that location. The location where the member of the |
|
|
governmental body presiding over the meeting is physically present |
|
|
shall be open to the public during the open portions of the |
|
|
meeting]. |
|
|
(g) Any method of access that is provided to the public for |
|
|
the purpose of observing or participating in a meeting held under |
|
|
this section must be widely available at no cost to the public, |
|
|
including: |
|
|
(1) a toll-free telephone number; or |
|
|
(2) a free, widely available computer application that |
|
|
can be installed on: |
|
|
(A) a mobile telephone; |
|
|
(B) a computer; |
|
|
(C) an Internet-connected television; or |
|
|
(D) a similar, widely available electronic |
|
|
device. |
|
|
(h) [(f)] Each portion of a meeting held by videoconference |
|
|
call that is required to be open to the public shall be [visible |
|
|
and] audible and, if applicable, visible to the public using the |
|
|
access information described by Subsection (f) [at the location |
|
|
specified under Subsection (e)]. If a problem occurs that causes a |
|
|
meeting to no longer be [visible and] audible to the public [at that |
|
|
location], the meeting must be recessed until the problem is |
|
|
resolved. If the problem is not resolved in six hours or less, the |
|
|
meeting must be adjourned. |
|
|
(i) [(g)] The governmental body shall make at least an audio |
|
|
recording of the meeting. The recording shall be made available to |
|
|
the public. |
|
|
(j) [(h) The location specified under Subsection (e), and |
|
|
each remote location from which a member of the governmental body |
|
|
participates, shall have two-way audio and video communication with |
|
|
each other location during the entire meeting.] The face of each |
|
|
participant in the videoconference call who is participating in the |
|
|
call using video communication, while that participant is speaking, |
|
|
shall be clearly visible, and the voice audible, to each other |
|
|
participant and, during the open portion of the meeting, to the |
|
|
members of the public, including [in attendance at the physical |
|
|
location described by Subsection (e) and] at any [other] location |
|
|
described by Subsection (f)(2) [of the meeting that is open to the |
|
|
public]. |
|
|
(k) A participant in the videoconference call using solely |
|
|
audio communication: |
|
|
(1) shall, while the participant is speaking, be |
|
|
clearly audible to each other participant and, during the open |
|
|
portion of the meeting, to the members of the public, including at |
|
|
any location described by Subsection (f)(2); and |
|
|
(2) must be clearly identified before speaking. |
|
|
(l) [(i)] The Department of Information Resources by rule |
|
|
shall specify minimum technical standards for [audio and video |
|
|
signals at] a meeting held by videoconference call. [The quality of |
|
|
the audio and video signals perceptible at each location of the |
|
|
meeting must meet or exceed those standards.] |
|
|
(m) [(j)] The audio and video signals perceptible by |
|
|
members of the public using the access information described under |
|
|
Subsection (f) [at each location of the meeting described by |
|
|
Subsection (h)] must be of sufficient quality so that members of the |
|
|
public [at each location] can observe the demeanor or [and] hear the |
|
|
voice, as applicable, of each participant in the open portion of the |
|
|
meeting. |
|
|
(n) [(k)] Without regard to whether a member of the |
|
|
governmental body is participating in a meeting from a remote |
|
|
location by videoconference call, a governmental body may allow a |
|
|
member of the public to testify or provide comments at a meeting |
|
|
from a remote location by videoconference call. |
|
|
(o) A governmental body that is holding a meeting by |
|
|
videoconference call where public testimony is taken or comments |
|
|
are provided shall allow a member of the public to testify or |
|
|
provide comments from a remote location using video or audio |
|
|
communication. |
|
|
(p) If the governmental body prepares an agenda packet that |
|
|
would have been distributed to members of the public at a |
|
|
face-to-face meeting, the governmental body shall make the packet |
|
|
available electronically so that members of the public observing |
|
|
remotely can follow along with the meeting. |
|
|
(q) This subsection applies only to a governmental body |
|
|
located in an area of this state that the state broadband |
|
|
development office designates as eligible under the state broadband |
|
|
development program. Notwithstanding Subsection (d) or (j), a |
|
|
member of the governmental body may participate remotely in an open |
|
|
or closed meeting of the governmental body using solely audio |
|
|
communication and shall be counted as present during the meeting |
|
|
provided that: |
|
|
(1) the identification of each participant in the |
|
|
meeting is clearly stated prior to speaking; |
|
|
(2) the member is considered absent from any portion |
|
|
of the meeting during which audio communication with the member is |
|
|
lost or disconnected; and |
|
|
(3) the governmental body may continue the meeting |
|
|
only if members in a number sufficient to constitute a quorum of the |
|
|
body remain audible to each other and, during the open portion of |
|
|
the meeting, to the public. |
|
|
SECTION 3. Section 551.131(d), Government Code, is amended |
|
|
to read as follows: |
|
|
(d) A meeting held by telephone conference call must |
|
|
otherwise comply with the procedures under Sections 551.125(c), |
|
|
(d), [(e), and] (f), and (g). |
|
|
SECTION 4. Subchapter F, Chapter 551, Government Code, is |
|
|
amended by adding Section 551.132 to read as follows: |
|
|
Sec. 551.132. REMOTE PARTICIPATION BY SINGLE MEMBER. (a) |
|
|
Notwithstanding Section 551.125 or 551.127, this chapter does not |
|
|
prohibit a governmental body with three or more members from |
|
|
holding an open or closed meeting where not more than one member of |
|
|
the body is participating remotely through the use of a telephone or |
|
|
computer application, provided that: |
|
|
(1) when speaking, the member who is participating |
|
|
remotely is clearly audible to each other member of the body and, |
|
|
during the portion of the meeting that is open, to the public in |
|
|
attendance at the physical location of the meeting; |
|
|
(2) the member who is participating remotely is able |
|
|
to hear all portions of the meeting; and |
|
|
(3) the identification of each participant in the |
|
|
meeting is clearly stated prior to speaking. |
|
|
(b) A member of a governmental body who participates in a |
|
|
meeting under this section shall be counted as present at the |
|
|
meeting for all purposes, except that the member shall be counted as |
|
|
absent from any portion of the meeting during which audio |
|
|
communication with the member is lost or disconnected. |
|
|
(c) If a problem occurs where a quorum of a governmental |
|
|
body is not participating in a meeting under this section, the |
|
|
meeting must be recessed until the problem is resolved. If the |
|
|
problem is not resolved in six hours or less, the meeting must be |
|
|
adjourned. |
|
|
SECTION 5. Section 61.06641(i), Education Code, is amended |
|
|
to read as follows: |
|
|
(i) 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 Sections 551.125(c), (d), (f), and (g) |
|
|
[551.125(c)-(f)], Government Code. |
|
|
SECTION 6. Section 81.406(b), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(b) The task force may meet telephonically in accordance |
|
|
with Section 551.125 [551.125(b)(3)], Government Code. |
|
|
SECTION 7. Section 117.056(b), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(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), and (g), Government Code. |
|
|
Sections 551.125(b) and 551.127, Government Code, do not apply to |
|
|
the committee. |
|
|
SECTION 8. Section 370.262(a), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(a) Chapter 551, Government Code, does not prohibit any open |
|
|
or closed meeting of the board, a committee of the board, or the |
|
|
staff, or any combination of the board or staff, from being held by |
|
|
telephone conference call. The board may hold an open or closed |
|
|
meeting by telephone conference call subject to the requirements of |
|
|
Sections 551.125(c), (d), (f), and (g) [551.125(c)-(f)], |
|
|
Government Code, but is not subject to the requirements of |
|
|
Subsection (b) of that section. |
|
|
SECTION 9. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2021. |
|
|
|
|
|
* * * * * |