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AN ACT
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relating to the authority of the governing board of a junior college |
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district to hold an open or closed meeting by telephone conference |
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call. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 551, Government Code, is |
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amended by adding Section 551.122 to read as follows: |
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Sec. 551.122. GOVERNING BOARD OF JUNIOR COLLEGE DISTRICT: |
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QUORUM PRESENT AT ONE LOCATION. (a) This chapter does not prohibit |
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the governing board of a junior college district from holding an |
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open or closed meeting by telephone conference call. |
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(b) A meeting held by telephone conference call authorized |
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by this section may be held only if a quorum of the governing board |
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is physically present at the location where meetings of the board |
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are usually held. |
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(c) The telephone conference call meeting is subject to the |
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notice requirements applicable to other meetings. |
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(d) Each part of the telephone conference call meeting that |
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is required to be open to the public shall be audible to the public |
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at the location where the quorum is present and shall be |
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tape-recorded. The tape recording shall be made available to the |
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public. |
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(e) The location of the meeting shall provide two-way |
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communication during the entire telephone conference call meeting, |
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and the identification of each party to the telephone conference |
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shall be clearly stated before the party speaks. |
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(f) The authority provided by this section is in addition to |
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the authority provided by Section 551.121. |
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(g) A member of a governing board of a junior college |
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district who participates in a board meeting by telephone |
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conference call but is not physically present at the location of the |
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meeting is considered to be absent from the meeting for purposes of |
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Section 130.0845, Education Code. |
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SECTION 2. The heading to Section 551.121, Government Code, |
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is amended to read as follows: |
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Sec. 551.121. GOVERNING BOARD OF INSTITUTION OF HIGHER |
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EDUCATION; BOARD FOR LEASE OF UNIVERSITY LANDS: SPECIAL MEETING |
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FOR IMMEDIATE ACTION. |
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SECTION 3. Section 551.121(c), Government Code, is amended |
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to read as follows: |
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(c) A meeting held by telephone conference call authorized |
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by this section may be held only if: |
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(1) the meeting is a special called meeting and |
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immediate action is required; and |
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(2) the convening at one location of a quorum of the |
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governing board or Board for Lease of University Lands is difficult |
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or impossible. |
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SECTION 4. The change in law made by this Act applies only |
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to a meeting of the governing board of a junior college district for |
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which notice is given under Chapter 551, Government Code, on or |
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after the effective date of this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3827 was passed by the House on May 2, |
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2007, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3827 on May 21, 2007, by the following vote: Yeas 142, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3827 was passed by the Senate, with |
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amendments, on May 17, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |