By: Watson  S.B. No. 1297
         (In the Senate - Filed March 7, 2013; March 13, 2013, read
  first time and referred to Committee on Open Government;
  March 27, 2013, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 4, Nays 0; March 27, 2013,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1297 By:  Davis
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to written electronic communications between members of a
  governmental body.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 551, Government Code, is
  amended by adding Section 551.006 to read as follows:
         Sec. 551.006.  WRITTEN ELECTRONIC COMMUNICATIONS ACCESSIBLE
  TO PUBLIC. (a)  A communication or exchange of information between
  members of a governmental body about public business or public
  policy over which the governmental body has supervision or control
  does not constitute a meeting or deliberation for purposes of this
  chapter if:
               (1)  the communication is in writing;
               (2)  the writing is posted to an online message board or
  similar Internet application that is viewable and searchable by the
  public; and
               (3)  the communication is displayed in real time and
  displayed on the online message board or similar Internet
  application for no less than 30 days after the communication is
  first posted.
         (b)  A governmental body may have no more than one online
  message board or similar Internet application to be used for the
  purposes described in Subsection (a). The online message board or
  similar Internet application must be owned or controlled by the
  governmental body, prominently displayed on the governmental
  body's primary Internet web page, and no more than one click away
  from the governmental body's primary Internet web page.
         (c)  The online message board or similar Internet
  application described in Subsection (a) may only be used by members
  of the governmental body or staff members of the governmental body
  who have received specific authorization from a member of the
  governmental body. In the event that a staff member posts a
  communication to the online message board or similar Internet
  application, the name and title of the staff member must be posted
  along with the communication.
         (d)  If a governmental body removes from the online message
  board or similar Internet application a communication that has been
  posted for at least 30 days, the governmental body shall maintain
  the posting for a period of six years. This communication is public
  information and must be disclosed in accordance with Chapter 552.
         (e)  The governmental body may not vote or take any action
  that is required to be taken at a meeting under this chapter of the
  governmental body by posting a communication to the online message
  board or similar Internet application. In no event shall a
  communication or posting to the online message board or similar
  Internet application be construed to be an action of the
  governmental body.
         SECTION 2.  This Act takes effect September 1, 2013.
 
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