Bill Text: TX HB3047 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the meeting of a governmental body held by videoconference call.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3047 Detail]
Download: Texas-2017-HB3047-Enrolled.html
H.B. No. 3047 |
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relating to the meeting of a governmental body held by | ||
videoconference call. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 551.127, Government Code, as amended by | ||
Chapters 159 (S.B. 984) and 685 (H.B. 2414), Acts of the 83rd | ||
Legislature, Regular Session, 2013, is reenacted and amended to | ||
read as follows: | ||
Sec. 551.127. 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 by | ||
videoconference call. | ||
(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 of the | ||
member's or employee's participation, as applicable, is broadcast | ||
live at the meeting and complies with the provisions of this | ||
section. | ||
(a-2) A member of a governmental body who participates in a | ||
meeting as provided by Subsection (a-1) shall be counted as present | ||
at the meeting for all purposes. | ||
(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 a quorum of the body 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. | ||
(d) A meeting held by videoconference call is subject to the | ||
notice requirements applicable to other meetings in addition to the | ||
notice requirements prescribed by this section. | ||
(e) The notice of a meeting to be held by videoconference | ||
call must 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. | ||
(f) Each portion of a meeting held by videoconference call | ||
that is required to be open to the public shall be visible and | ||
audible to the public 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. | ||
(g) The governmental body shall make at least an audio | ||
recording of the meeting. The recording shall be made available to | ||
the public. | ||
(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, 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 in attendance at the physical location | ||
described by Subsection (e) and at any other location of the meeting | ||
that is open to the public. | ||
(i) The Department of Information Resources by rule shall | ||
specify minimum 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. | ||
(j) The audio and video signals perceptible by members of | ||
the public 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 and hear the voice of each | ||
participant in the open portion of the meeting. | ||
(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 at a meeting from a remote location by | ||
videoconference call. | ||
SECTION 2. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3047 was passed by the House on May 9, | ||
2017, by the following vote: Yeas 145, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3047 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |