S.B. No. 471
 
 
 
 
AN ACT
  relating to technological efficiencies in the recording of certain
  open meetings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 551.001, Government Code, is amended by
  adding Subdivision (7) to read as follows:
               (7)  "Recording" means a tangible medium on which audio
  or a combination of audio and video is recorded, including a disc,
  tape, wire, film, electronic storage drive, or other medium now
  existing or later developed.
         SECTION 2.  The heading to Section 551.021, Government Code,
  is amended to read as follows:
         Sec. 551.021.  MINUTES OR [TAPE] RECORDING OF OPEN MEETING
  REQUIRED.
         SECTION 3.  Subsection (a), Section 551.021, Government
  Code, is amended to read as follows:
         (a)  A governmental body shall prepare and keep minutes or
  make a [tape] recording of each open meeting of the body.
         SECTION 4.  Section 551.022, Government Code, is amended to
  read as follows:
         Sec. 551.022.  MINUTES AND [TAPE] RECORDINGS OF OPEN
  MEETING: PUBLIC RECORD. The minutes and [tape] recordings of an
  open meeting are public records and shall be available for public
  inspection and copying on request to the governmental body's chief
  administrative officer or the officer's designee.
         SECTION 5.  Subsection (a), Section 551.023, Government
  Code, is amended to read as follows:
         (a)  A person in attendance may record all or any part of an
  open meeting of a governmental body by means of a [tape] recorder,
  video camera, or other means of aural or visual reproduction.
         SECTION 6.  Subsection (b), Section 551.0725, Government
  Code, is amended to read as follows:
         (b)  Notwithstanding Section 551.103(a), Government Code,
  the commissioners court must make a [tape] recording of the
  proceedings of a closed meeting to deliberate the information.
         SECTION 7.  Subsection (b), Section 551.0726, Government
  Code, is amended to read as follows:
         (b)  Notwithstanding Section 551.103(a), the commission must
  make a [tape] recording of the proceedings of a closed meeting held
  under this section.
         SECTION 8.  The heading to Section 551.103, Government Code,
  is amended to read as follows:
         Sec. 551.103.  CERTIFIED AGENDA OR [TAPE] RECORDING
  REQUIRED.
         SECTION 9.  Subections (a) and (d), Section 551.103,
  Government Code, are amended to read as follows:
         (a)  A governmental body shall either keep a certified agenda
  or make a [tape] recording of the proceedings of each closed
  meeting, except for a private consultation permitted under Section
  551.071.
         (d)  A [tape] recording made under Subsection (a) must
  include announcements by the presiding officer at the beginning and
  the end of the meeting indicating the date and time.
         SECTION 10.  Section 551.104, Government Code, is amended to
  read as follows:
         Sec. 551.104.  CERTIFIED AGENDA OR RECORDING [TAPE];
  PRESERVATION; DISCLOSURE. (a)  A governmental body shall preserve
  the certified agenda or [tape] 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
  [tape] while the action is pending.
         (b)  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 or recording [tape];
               (2)  may admit all or part of the certified agenda or
  recording [tape] 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 or recording [tape] of
  any part of a meeting that was required to be open under this
  chapter.
         (c)  The certified agenda or recording [tape] of a closed
  meeting is available for public inspection and copying only under a
  court order issued under Subsection (b)(3).
         SECTION 11.  Subsection (f), Section 551.121, Government
  Code, is amended to read as follows:
         (f)  Each part of the telephone conference call meeting that
  is required to be open to the public shall be audible to the public
  at the location specified in the notice of the meeting as the
  location of the meeting and shall be [tape] recorded. The [tape]
  recording shall be made available to the public.
         SECTION 12.  Subsection (d), Section 551.122, Government
  Code, is amended to read as follows:
         (d)  Each part of the telephone conference call meeting that
  is required to be open to the public shall be audible to the public
  at the location where the quorum is present and shall be recorded
  [tape-recorded].  The [tape] recording shall be made available to
  the public.
         SECTION 13.  Subsection (e), Section 551.125, Government
  Code, is amended to read as follows:
         (e)  Each part of the telephone conference call meeting that
  is required to be open to the public shall be audible to the public
  at the location specified in the notice of the meeting as the
  location of the meeting and shall be recorded [tape-recorded]. The
  [tape] recording shall be made available to the public.
         SECTION 14.  Subsection (e), Section 551.130, Government
  Code, is amended to read as follows:
         (e)  The location where a quorum is physically present must
  be open to the public during the open portions of a telephone
  conference call meeting.  The open portions of the meeting must be
  audible to the public at the location where the quorum is present
  and be recorded [tape-recorded] at that location.  The [tape]
  recording shall be made available to the public.
         SECTION 15.  The heading to Section 551.145, Government
  Code, is amended to read as follows:
         Sec. 551.145.  CLOSED MEETING WITHOUT CERTIFIED AGENDA OR
  [TAPE] RECORDING; OFFENSE; PENALTY.
         SECTION 16.  Subsection (a), Section 551.145, Government
  Code, is amended to read as follows:
         (a)  A member of a governmental body 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 [tape] recording of the closed meeting is not
  being made.
         SECTION 17.  The heading to Section 551.146, Government
  Code, is amended to read as follows:
         Sec. 551.146.  DISCLOSURE OF CERTIFIED AGENDA OR [TAPE]
  RECORDING OF CLOSED MEETING; OFFENSE; PENALTY; CIVIL LIABILITY.
         SECTION 18.  Subections (a) and (c), Section 551.146,
  Government Code, are amended to read as follows:
         (a)  An individual, corporation, or partnership that without
  lawful authority knowingly discloses to a member of the public the
  certified agenda or [tape] recording of a meeting that was lawfully
  closed to the public under this chapter:
               (1)  commits an offense; and
               (2)  is liable to a person injured or damaged by the
  disclosure for:
                     (A)  actual damages, including damages for
  personal injury or damage, lost wages, defamation, or mental or
  other emotional distress;
                     (B)  reasonable attorney fees and court costs; and
                     (C)  at the discretion of the trier of fact,
  exemplary damages.
         (c)  It is a defense to prosecution under Subsection (a)(1)
  and an affirmative defense to a civil action under Subsection
  (a)(2) that:
               (1)  the defendant had good reason to believe the
  disclosure was lawful; or
               (2)  the disclosure was the result of a mistake of fact
  concerning the nature or content of the certified agenda or [tape]
  recording.
         SECTION 19.  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, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 471 passed the Senate on
  March 27, 2013, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 471 passed the House on
  May 2, 2013, by the following vote:  Yeas 147, Nays 0, two present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor