Bill Text: TX HB3330 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to remote meetings under the open meetings law.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-22 - Referred to State Affairs [HB3330 Detail]
Download: Texas-2021-HB3330-Introduced.html
87R10874 JON-F | ||
By: Vasut | H.B. No. 3330 |
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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(b), Government Code, is amended | ||
to read as follows: | ||
(b) A meeting held by telephone conference call may be held | ||
only if the meeting is held by an advisory board, or: | ||
(1) an emergency or public necessity exists within the | ||
meaning of Section 551.045 of this chapter; and | ||
(2) holding a meeting under Section 551.127 [ |
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difficult or impossible[ |
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SECTION 2. Section 551.127, Government Code, is amended by | ||
amending Subsections (a-1), (a-3), (b), (e), and (k) and adding | ||
Subsections (l) and (m) to read as follows: | ||
(a-1) A member [ |
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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 [ |
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broadcast live at the meeting and complies with the provisions of | ||
this section and: | ||
(1) the meeting is held by a governmental body whose | ||
territory or jurisdiction includes an area stricken or threatened | ||
by: | ||
(A) a disaster declared under Chapter 418; or | ||
(B) a public health disaster declared under | ||
Chapter 81, Health and Safety Code; | ||
(2) other law or the governmental body's charter | ||
authorizes the member to participate remotely; or | ||
(3) before the meeting the member submits a written | ||
statement to the chief administrative official of the governmental | ||
body indicating that: | ||
(A) a quorum of the governmental body has | ||
authorized the member to participate remotely; or | ||
(B) the member is unable to attend the meeting in | ||
person because the member: | ||
(i) must attend a funeral; | ||
(ii) is ill; | ||
(iii) must care for a spouse or dependent | ||
who is ill; | ||
(iv) is on active duty with the armed | ||
forces; or | ||
(v) must be physically present at another | ||
location due to the member's employment with another entity if the | ||
governmental body pays the member less than $500 per month and the | ||
member has not participated in a meeting of the governmental body by | ||
videoconference call under this subparagraph during the previous 30 | ||
days. | ||
(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 | ||
the [ |
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absent under this subsection [ |
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(b) A meeting 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 [ |
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(e) The notice of a meeting to be held by videoconference | ||
call [ |
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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. | ||
(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 person to | ||
speak [ |
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location by videoconference call. | ||
(l) An 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 employee's | ||
participation is broadcast live at the meeting and complies with | ||
the provisions of this section. | ||
(m) A governmental body whose territory or jurisdiction | ||
includes an area stricken or threatened by a public health disaster | ||
declared under Chapter 81, Health and Safety Code, is not required | ||
to comply with: | ||
(1) Subsection (f); or | ||
(2) the provisions of Subsections (b) and (e) that | ||
require the presiding member's location to be open to the public. | ||
SECTION 3. 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(b) [ |
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SECTION 4. Section 551.127(c), Government Code, is | ||
repealed. | ||
SECTION 5. The changes in law made by this Act apply only to | ||
a meeting for which notice is first posted on or after the effective | ||
date of this Act. | ||
SECTION 6. 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. |