84R7288 DDT-D
 
  By: Fallon, Márquez, Capriglione, H.B. No. 283
      Rodriguez of Travis, et al.
 
  Substitute the following for H.B. No. 283:
 
  By:  Elkins C.S.H.B. No. 283
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirement that certain governmental bodies make
  audio and video recordings of open meetings available on the
  Internet.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 551.128, Government Code, is amended by
  amending Subsections (b) and (c) and adding Subsections (b-1),
  (b-2), (b-3), (b-4), (b-5), and (b-6) to read as follows:
         (b)  Except as provided by Subsection (b-1) and subject
  [Subject] to the requirements of this section, a governmental body
  may broadcast an open meeting over the Internet.
         (b-1)  A transit authority or department subject to Chapter
  451, 452, or 453, Transportation Code, an elected school district
  board of trustees for a school district that has a student
  enrollment of 10,000 or more, or a county commissioners court or
  elected governing body of a home-rule municipality for a county or
  municipality that has a population of 50,000 or more shall:
               (1)  make a video and audio recording of reasonable
  quality of each regularly scheduled open meeting that is not a work
  session or a special called meeting; and
               (2)  make available an archived copy of the video and
  audio recording of each meeting described by Subdivision (1) on the
  Internet.
         (b-2)  A governmental body described by Subsection (b-1) may
  make available the archived recording of a meeting required by
  Subsection (b-1) on an existing Internet site, including a publicly
  accessible video-sharing or social networking site. The
  governmental body is not required to establish a separate Internet
  site and provide access to archived recordings of meetings from
  that site.
         (b-3)  A governmental body described by Subsection (b-1)
  that maintains an Internet site shall make available on that site,
  in a conspicuous manner:
               (1)  the archived recording of each meeting to which
  Subsection (b-1) applies; or
               (2)  an accessible link to the archived recording of
  each such meeting.
         (b-4)  A governmental body described by Subsection (b-1)
  shall:
               (1)  make the archived recording of each meeting to
  which Subsection (b-1) applies available on the Internet not later
  than seven days after the date the recording was made; and
               (2)  maintain the archived recording on the Internet
  for not less than two years after the date the recording was first
  made available.
         (b-5)  A governmental body described by Subsection (b-1) is
  exempt from the requirements of Subsections (b-2) and (b-4) if the
  governmental body's failure to make the required recording of a
  meeting available is the result of a catastrophe, as defined by
  Section 551.0411, or a technical breakdown. Following a catastrophe
  or breakdown, a governmental body must make all reasonable efforts
  to make the required recording available in a timely manner.
         (b-6)  A governmental body described by Subsection (b-1) may
  broadcast a regularly scheduled open meeting of the body on
  television.
         (c)  Except as provided by Subsection (b-2), a [A]
  governmental body that broadcasts a meeting over the Internet shall
  establish an Internet site and provide access to the broadcast from
  that site. The governmental body shall provide on the Internet site
  the same notice of the meeting that the governmental body is
  required to post under Subchapter C. The notice on the Internet must
  be posted within the time required for posting notice under
  Subchapter C.
         SECTION 2.  The changes in law made by this Act apply only to
  an open meeting held on or after the effective date of this Act. An
  open meeting held before the effective date of this Act is governed
  by the law in effect on the date of the open meeting, and the former
  law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2015.