85R11386 TJB-D     By: Fallon H.B. No. 3708       A BILL TO BE ENTITLED   AN ACT   relating to recordings of meetings of certain governmental bodies;   creating offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 551.001, Government Code, is amended by   adding Subdivision (9) to read as follows:                (9)  "Video recording" means a recording of reasonable   quality on which a combination of audio and video is recorded.          SECTION 2.  Section 551.021(a), Government Code, is amended   to read as follows:          (a)  Except as provided by Section 551.0215, a [A]   governmental body shall prepare and keep minutes or make a   recording of each open meeting of the body.          SECTION 3.  Subchapter B, Chapter 551, Government Code, is   amended by adding Section 551.0215 to read as follows:          Sec. 551.0215.  MINUTES AND RECORDING OF OPEN MEETING   REQUIRED IN CERTAIN POPULOUS COUNTIES. (a)  Subject to Subsection   (b), this section applies only to a governmental body located   wholly or partly in:                (1)  a county with a population of more than two million   that is adjacent to a county with a population of more than one   million; and                (2)  a county with a population of more than 600,000   that is adjacent to a county with a population of more than two   million.          (b)  This section does not apply to:                (1)  a governmental body described by Section   551.001(3)(A);                (2)  a municipal governmental body described by Section   551.001(3)(C) or (D) for a municipality with a population of less   than 25,000 located wholly or partly in a county described by   Subsection (a); or                (3)  a school district board of trustees for a school   district with a student enrollment of less than 5,000 located   wholly or partly in a county described by Subsection (a).          (c)  A governmental body shall prepare and keep for each open   meeting of the body:                (1)  minutes of the meeting; and                (2)  either:                      (A)  a video recording of the meeting; or                      (B)  a recording of the meeting if the meeting is a   telephone conference call meeting authorized by Subchapter F or by   other law.          (d)  The minutes must:                (1)  state the subject of each deliberation; and                (2)  indicate each vote, order, decision, or other   action taken.          SECTION 4.  Subchapter B, Chapter 551, Government Code, is   amended by adding Section 551.024 to read as follows:          Sec. 551.024.  INTERNET ARCHIVE OF RECORDINGS. (a) This   section applies only to a governmental body to which Section   551.0215 applies.          (b)  Except as provided by Subsection (c), a governmental   body shall archive and make available on the Internet website of the   body or the governmental entity to which the body belongs each   recording of an open meeting required to be recorded under this   chapter or other law.          (c)  If neither the governmental body nor the governmental   entity to which the body belongs maintains an Internet website, the   body shall archive and make available on an existing Internet   website, including a publicly accessible video-sharing or social   networking site, each recording described by Subsection (b).  The   archived recordings must be easily found by searching the name of   the body on the Internet.          (d)  A governmental body must archive and make a recording   described by this section available on the applicable Internet   website not later than the second business day after the date the   meeting is held.  A governmental body may not remove a recording   from an Internet website once the recording is made available to the   public.          (e)  A 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 body from complying   with this section.  Following the catastrophe or technical   breakdown, the governmental body shall make all reasonable efforts   to make the required recording of the open meeting available in a   timely manner.          SECTION 5.  Section 551.0725(b), Government Code, is amended   to read as follows:          (b)  Notwithstanding Section 551.103 [551.103(a),   Government Code], the commissioners court of a county to which that   section applies must make a recording of the proceedings of a closed   meeting to deliberate the information.          SECTION 6.  Section 551.103, Government Code, is amended by   amending Subsection (a) and adding Subsection (e) to read as   follows:          (a)  Except as provided by Section 551.1035, a [A]   governmental body shall either keep a certified agenda or make a   recording of the proceedings of each closed meeting[, except for a   private consultation permitted under Section 551.071].          (e)  Subsection (a) does not apply to a private consultation   permitted under Section 551.071.          SECTION 7.  Subchapter E, Chapter 551, Government Code, is   amended by adding Section 551.1035 to read as follows:          Sec. 551.1035.  CERTIFIED AGENDA AND RECORDING REQUIRED IN   CERTAIN POPULOUS COUNTIES. (a)  This section applies only to a   governmental body to which Section 551.0215 applies.          (b)  A governmental body shall prepare and keep for each   closed meeting of the body:                (1)  a certified agenda of the proceedings of the   meeting; and                (2)  either:                      (A)  a video recording of the meeting; or                      (B)  a recording of the meeting if the meeting is a   telephone conference call meeting authorized by Subchapter F or by   other law.          (c)  The presiding officer shall certify that an agenda kept   under Subsection (b) is a true and correct record of the   proceedings.          (d)  The certified agenda must include:                (1)  a statement of the subject matter of each   deliberation;                (2)  a record of any further action taken; and                (3)  an announcement by the presiding officer at the   beginning and the end of the meeting indicating the date and time.          (e)  A recording made under Subsection (b) must include   announcements by the presiding officer at the beginning and the end   of the meeting indicating the date and time.          (f)  Subsection (b) does not apply to a private consultation   permitted under Section 551.071.          SECTION 8.  Section 551.104, Government Code, is amended to   read as follows:          Sec. 551.104.  CERTIFIED AGENDA AND [OR] RECORDING;   PRESERVATION; DISCLOSURE. (a) Except as provided by Subsection   (b), a [A] governmental body shall preserve the certified agenda or   recording of a closed meeting for at least two years after the date   of the meeting. If an action involving the meeting is brought   within that period, the governmental body shall preserve the   certified agenda or recording while the action is pending.          (b)  A governmental body to which Section 551.1035 applies   shall permanently preserve the certified agenda and recording of a   closed meeting.          (c)  In litigation in a district court involving an alleged   violation of this chapter, the court:                (1)  is entitled to make an in camera inspection of the   certified agenda and [or] recording;                (2)  may admit all or part of the certified agenda and    [or] recording as evidence, on entry of a final judgment; and                (3)  may grant legal or equitable relief it considers   appropriate, including an order that the governmental body make   available to the public the certified agenda and [or] recording of   any part of a meeting that was required to be open under this   chapter.          (d) [(c)]  The certified agenda and [or] recording of a   closed meeting are [is] available for public inspection and copying   only under a court order issued under Subsection (c)(3) [(b)(3)].          SECTION 9.  Section 551.142(a), Government Code, is amended   to read as follows:          (a)  A [An interested] person, including a member of the news   media, may bring an action by mandamus or injunction to stop,   prevent, or reverse a violation or threatened violation of this   chapter [by members of a governmental body].          SECTION 10.  Section 551.145, Government Code, is amended to   read as follows:          Sec. 551.145.  CLOSED MEETING WITHOUT CERTIFIED AGENDA OR   RECORDING; OFFENSE[; PENALTY].  (a)  A member of a governmental body   to which Section 551.103 applies commits an offense if the member   participates in a closed meeting of the [governmental] body knowing   that a certified agenda of the [closed] meeting is not being kept or   that a recording of the [closed] meeting is not being made.          (b)  A member of a governmental body to which Section   551.1035 applies commits an offense if the member participates in a   closed meeting of the body knowing that a certified agenda of the   meeting is not being kept or that a recording required by this   chapter or other law of the meeting is not being made.          (c)  An offense under Subsection (a) or (b) is a Class C   misdemeanor.          SECTION 11.  Subchapter G, Chapter 551, Government Code, is   amended by adding Sections 551.147 and 551.148 to read as follows:          Sec. 551.147.  OPEN MEETING WITHOUT RECORDING; OFFENSE.  (a)   A member of a governmental body commits an offense if the member   participates in an open meeting of the body knowing that a recording   required by this chapter or other law of the meeting is not being   made.          (b)  An offense under Subsection (a) is a Class C   misdemeanor.          Sec. 551.148.  FAILURE TO ARCHIVE RECORDING; OFFENSE.  (a) A   member of a governmental body commits an offense if the member   knowingly fails to ensure that a recording of an open meeting of the   body is made available and maintained on the Internet if required,   and as provided, by this chapter.          (b)  An offense under Subsection (a) is a Class C   misdemeanor.          SECTION 12.  Section 11.1513(b), Education Code, is amended   to read as follows:          (b)  The board of trustees may accept or reject the   superintendent's recommendation regarding the selection of   district personnel and shall include the board's acceptance or   rejection in, as applicable, the minutes, recording, or [of the   board's meeting, as required under Section 551.021, Government   Code, in the] certified agenda [or tape recording required under   Section 551.103, Government Code, or in the recording] required   under Chapter 551 [Section 551.125 or 551.127], Government Code[,   as applicable].  If the board rejects the superintendent's   recommendation, the superintendent shall make alternative   recommendations until the board accepts a recommendation.          SECTION 13.  The changes in law made by this Act apply only   to a meeting held or a recording required to be made on or after   September 1, 2017.  A meeting held or a recording required to be   made before the effective date of this Act is governed by the law in   effect immediately before the effective date of this Act, and the   former law is continued in effect for that purpose.          SECTION 14.  This Act takes effect September 1, 2017.