Bill Text: TX SB1297 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to written electronic communications between members of a governmental body.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB1297 Detail]
Download: Texas-2013-SB1297-Enrolled.html
S.B. No. 1297 |
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relating to written electronic communications between members of a | ||
governmental body. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 551, Government Code, is | ||
amended by adding Section 551.006 to read as follows: | ||
Sec. 551.006. WRITTEN ELECTRONIC COMMUNICATIONS ACCESSIBLE | ||
TO PUBLIC. (a) A communication or exchange of information between | ||
members of a governmental body about public business or public | ||
policy over which the governmental body has supervision or control | ||
does not constitute a meeting or deliberation for purposes of this | ||
chapter if: | ||
(1) the communication is in writing; | ||
(2) the writing is posted to an online message board or | ||
similar Internet application that is viewable and searchable by the | ||
public; and | ||
(3) the communication is displayed in real time and | ||
displayed on the online message board or similar Internet | ||
application for no less than 30 days after the communication is | ||
first posted. | ||
(b) A governmental body may have no more than one online | ||
message board or similar Internet application to be used for the | ||
purposes described in Subsection (a). The online message board or | ||
similar Internet application must be owned or controlled by the | ||
governmental body, prominently displayed on the governmental | ||
body's primary Internet web page, and no more than one click away | ||
from the governmental body's primary Internet web page. | ||
(c) The online message board or similar Internet | ||
application described in Subsection (a) may only be used by members | ||
of the governmental body or staff members of the governmental body | ||
who have received specific authorization from a member of the | ||
governmental body. In the event that a staff member posts a | ||
communication to the online message board or similar Internet | ||
application, the name and title of the staff member must be posted | ||
along with the communication. | ||
(d) If a governmental body removes from the online message | ||
board or similar Internet application a communication that has been | ||
posted for at least 30 days, the governmental body shall maintain | ||
the posting for a period of six years. This communication is public | ||
information and must be disclosed in accordance with Chapter 552. | ||
(e) The governmental body may not vote or take any action | ||
that is required to be taken at a meeting under this chapter of the | ||
governmental body by posting a communication to the online message | ||
board or similar Internet application. In no event shall a | ||
communication or posting to the online message board or similar | ||
Internet application be construed to be an action of the | ||
governmental body. | ||
SECTION 2. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1297 passed the Senate on | ||
April 4, 2013, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1297 passed the House on | ||
May 22, 2013, by the following vote: Yeas 148, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |