Bill Text: TX SB639 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to remote meetings under the open meetings law.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-03-11 - Referred to Business & Commerce [SB639 Detail]

Download: Texas-2021-SB639-Introduced.html

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87R5552 JON-D
By: Menéndez S.B. No. 639

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 by
adding Subsection (g) to read as follows:
(g) Without regard to whether a member of the governmental
body is participating in a meeting from a remote location by
telephone conference call, a governmental body may allow a member
of the public to speak at a meeting from a remote location by
telephone conference call.
SECTION 2. Section 551.127, Government Code, is amended by
amending Subsections (a-3), (b), (d), (e), and (k) and adding
Subsection (l) to read as follows:
(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
the member of the governmental body presiding over the meeting is
physically present at the location specified under Subsection
(e)(1) [a quorum of the governmental body is physically present at
one location of the meeting, except as provided by Subsection (c)].
(d) A meeting held by videoconference call is subject to the
notice requirements applicable to other meetings except as
otherwise provided by Subsection (e) [in addition to the notice
requirements prescribed by this section].
(e) The notice of a meeting to be held by videoconference
call must:
(1) specify as the location of the meeting the
location where the member of the governmental body presiding over
the meeting will be physically present;
(2) indicate that the meeting will be held by
videoconference call under this section;
(3) 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 or speak at the meeting;
(4) include access information for both audio-only and
audiovisual feeds of the meeting; and
(5) if applicable, include instructions for a member
of the public to speak at the meeting from a remote location or
while physically present at a location described by Subdivision (3)
[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].
(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 [member of the public to testify] at a meeting from a remote
location by videoconference call.
(l) 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.
SECTION 3. Section 33.256(b), Education Code, is amended to
read as follows:
(b) Section 551.125, Government Code, applies to a meeting
held by conference call under this section[, except that
Section 551.125(b), Government Code, does not apply].
SECTION 4. 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 5. Section 116.006(b), Health and Safety Code, is
amended to read as follows:
(b) Section 551.125, Government Code, applies to a meeting
held by conference call under this section[, except that
Section 551.125(b), Government Code, does not apply].
SECTION 6. 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), Government Code. Section
551.127, Government Code, does [Sections 551.125(b) and 551.127,
Government Code, do] not apply to the committee.
SECTION 7. Section 120.054(b), Health and Safety Code, is
amended to read as follows:
(b) Section 551.125, Government Code, applies to a meeting
held by conference call under this section[, except that
Section 551.125(b), Government Code, does not apply].
SECTION 8. Section 3.01(j), Article 6243a-1, Revised
Statutes, is amended to read as follows:
(j) The board has full power to make rules pertaining to the
conduct of its meetings and to the operation of the pension system
as long as its rules are not, subject to Subsections (j-1) and (j-2)
of this section, inconsistent with the terms of this article, any
pension plan within the pension system, or the laws of this state or
the United States to the extent applicable. A board meeting may be
held by telephone conference call or by videoconference call in
accordance with Sections 551.125 and 551.127, Government Code[,
except that Section 551.125(b), Government Code, does not apply].
SECTION 9. Sections 551.125(b) and 551.127(c), Government
Code, are repealed.
SECTION 10. 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.