Bill Text: TX HB2683 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to remote and other meetings held under the open meetings law.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2021-04-22 - Received from the House [HB2683 Detail]
Download: Texas-2021-HB2683-Engrossed.html
By: Canales, Guerra, Fierro, Morales of Maverick | H.B. No. 2683 |
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relating to remote and other meetings held under the open meetings | ||
law. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 551, Government Code, is | ||
amended by adding Section 551.008 to read as follows: | ||
Sec. 551.008. PUBLIC ACCESS TO CERTAIN MEETINGS. (a) This | ||
section applies only to an open meeting of a governmental body at | ||
which at least a majority of the members of the body participate by | ||
a method other than by appearing in person at the meeting's physical | ||
location, including by telephone conference call or video | ||
conference call. | ||
(b) The requirements prescribed by this section are in | ||
addition to other requirements of law applicable to an open | ||
meeting. Except as provided by this section, this section prevails | ||
to the extent of a conflict with another provision of law. | ||
(c) A governmental body shall ensure that members of the | ||
public are able to listen to and, if applicable, speak at an open | ||
meeting to which this section applies by telephone. | ||
(d) A governmental body that holds an open meeting to which | ||
this section applies shall: | ||
(1) make the open meeting audible to the public by | ||
telephone and at each location described by Subsection (e)(2); | ||
(2) if the meeting is broadcast live over the Internet | ||
or held wholly or partly by video conference call, provide public | ||
access to both audiovisual and audio-only feeds of the open meeting | ||
over the Internet or by using a free, widely available computer | ||
application; and | ||
(3) if applicable, allow members of the public to | ||
address the governmental body as provided by Section 551.007: | ||
(A) by telephone; and | ||
(B) by video conference call if the meeting is | ||
held wholly or partly by video conference call. | ||
(e) The notice of an open meeting to which this section | ||
applies must: | ||
(1) comply with the requirements of this chapter; | ||
(2) list each physical location where a member of the | ||
public may observe and 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 a member of the public to observe or speak at the meeting; | ||
(3) include a toll free telephone number that members | ||
of the public may use to hear and, if applicable, speak at the | ||
meeting; | ||
(4) include access information for any audiovisual or | ||
audio-only feeds required by Subsection (d)(2); and | ||
(5) include instructions for a member of the public to | ||
speak at the meeting: | ||
(A) from a remote location; or | ||
(B) while physically present at a location | ||
described by Subdivision (2). | ||
(f) An open meeting to which this section applies shall be | ||
recorded. Except as otherwise provided by law, the recording shall | ||
be made available to the public not later than 24 hours after the | ||
adjourning of the meeting. | ||
SECTION 2. The heading to Section 551.023, Government Code, | ||
is amended to read as follows: | ||
Sec. 551.023. RECORDING OR LIVESTREAMING OF MEETING BY | ||
PERSON IN ATTENDANCE. | ||
SECTION 3. Section 551.023(a), Government Code, is amended | ||
to read as follows: | ||
(a) A person in attendance at an open meeting of a | ||
governmental body may: | ||
(1) record all or any part of the [ |
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means of aural or visual reproduction; or | ||
(2) stream live video and audio of all or any part of | ||
the meeting on the Internet, provided that such recording does not | ||
cause a distraction or disturbance to the proceedings of the | ||
meeting. | ||
SECTION 4. Subchapter B, Chapter 551, Government Code, is | ||
amended by adding Section 551.024 to read as follows: | ||
Sec. 551.024. INTERNET BROADCAST AND ARCHIVE OF OPEN | ||
MEETINGS. (a) This section applies only to a governmental body | ||
that is an agency within the executive or legislative branch of | ||
state government to which the total appropriation made in the | ||
General Appropriations Act from general revenue for any fiscal year | ||
beginning on or after September 1, 2021, including any amount of | ||
general revenue transferred to the governmental body under that Act | ||
for that fiscal year, is greater than $10 million and for which the | ||
bill pattern for the General Appropriations Act for the same fiscal | ||
year designates 100 or more full-time employees. | ||
(b) A governmental body that becomes subject to this section | ||
under Subsection (a) for a fiscal year shall comply with this | ||
section in each following fiscal year. | ||
(c) A governmental body subject to this section shall | ||
broadcast over the Internet live video and audio of each open | ||
meeting of the governmental body. The governmental body shall | ||
provide access to the broadcast on the governmental body's Internet | ||
website. | ||
(d) Not later than the seventh day after the date an open | ||
meeting is broadcast under this section, the governmental body | ||
shall make available through the governmental body's Internet | ||
website archived video and audio of the open meeting. The | ||
governmental body shall maintain the archived video and audio of | ||
the open meeting on the governmental body's Internet website until | ||
the second anniversary of the date the archived video and audio was | ||
first made available on the website. | ||
(e) The governmental body shall provide on the governmental | ||
body's Internet website the same notice of the open meeting that the | ||
governmental body is required to post under Subchapter C. The | ||
notice must be posted on the governmental body's Internet website | ||
within the time required for posting notice under Subchapter C. | ||
(f) The governmental body may use for an Internet broadcast | ||
of an open meeting of the governmental body a room made available to | ||
the governmental body on request in any state building, as defined | ||
by Section 2165.301. | ||
(g) The governmental body is exempt from the requirements of | ||
this section to the extent a catastrophe, as defined by Section | ||
551.0411, or a technical breakdown prevents the governmental body | ||
from complying with this section. Following the catastrophe or | ||
technical breakdown, the governmental body shall make all | ||
reasonable efforts to make the required video and audio of the open | ||
meeting available in a timely manner. | ||
(h) The governmental body shall consider contracting | ||
through competitive bidding with a private individual or entity to | ||
broadcast and archive an open meeting subject to this section to | ||
minimize the cost of complying with this section. | ||
SECTION 5. Section 551.041, Government Code, is amended to | ||
read as follows: | ||
Sec. 551.041. NOTICE OF MEETING REQUIRED. (a) A | ||
governmental body shall give written notice of the date, hour, | ||
place, and subject of each meeting held by the governmental body. | ||
(b) The notice must include: | ||
(1) an agenda of the specific subjects to be | ||
considered in the open meeting so that the public is aware of the | ||
subjects for public deliberation; and | ||
(2) to the extent foreseeable at the time the notice is | ||
posted, the subjects to be considered in a closed meeting. | ||
(c) A governmental body may not conduct a closed meeting on | ||
a subject not included in the notice as prescribed by Subsection | ||
(b)(2) unless the body determines by official action during the | ||
open meeting for which the notice was posted that the necessity of | ||
considering the subject was not reasonably foreseeable at the time | ||
the notice was posted. | ||
SECTION 6. Sections 551.128(b) and (c), Government Code, | ||
are amended to read as follows: | ||
(b) Except as provided by Subsection (b-1) and subject to | ||
the requirements of this section, a governmental body may broadcast | ||
an open meeting over the Internet. A governmental body shall | ||
broadcast an open meeting over the Internet, or shall hold an open | ||
meeting by telephone conference or videoconference, if the physical | ||
location of the meeting is not accessible to members of the public | ||
or is not large enough to accommodate all persons seeking to attend | ||
the meeting in person, including if the location has reduced | ||
capacity as the result of an emergency or urgent public necessity, | ||
as described by Section 551.045(b). | ||
(c) Except as provided by Subsection (b-2), a governmental | ||
body that broadcasts a meeting over the Internet shall establish an | ||
Internet site and provide free and open access for members of the | ||
public to the broadcast from that site. The governmental body shall | ||
provide on the Internet site the same notice of the meeting that the | ||
governmental body is required to post under Subchapter C. The | ||
notice on the Internet must be posted within the time required for | ||
posting notice under Subchapter C. | ||
SECTION 7. Section 551.024, Government Code, as added by | ||
this Act, applies only to an open meeting held on or after September | ||
1, 2023. | ||
SECTION 8. The changes in law made by this Act apply only to | ||
a meeting of a governmental body held on or after the effective date | ||
of this Act. | ||
SECTION 9. This Act takes effect September 1, 2021. |