HBA-DMD, MAJ H.B. 445 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 445 By: Reyna, Arthur State Affairs 2/10/1999 Introduced BACKGROUND AND PURPOSE Currently, a governmental body is required to keep a certified agenda or make a tape recording of a closed meeting except when meeting with an attorney for private consultation. H.B. 445 allows the governmental body to use other electronic recordings to satisfy this requirement. The bill requires the school board or the governing body of a home-rule school district, a campus or program charter, or open enrollment charter program to make a tape recording or other electronic recording when in a closed meeting except when meeting with an attorney for private consultation. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 551.103, Government Code, as follows: Sec. 551.103. New Title: CERTIFIED AGENDA OR RECORDING REQUIRED. (a) Adds "other electronic recording" to the list of acceptable methods of keeping a required record of the proceedings of closed meetings held by a governmental body other than a private consultation permitted under Section 551.071 (Exceptions to Requirement that Meetings be Open, Consultation with Attorney; Closed Meeting). Deletes "Tape" from existing title. Makes conforming and nonsubstantive changes. (b) Requires a school board or governing body of a home-rule school district, a campus or program charter, or an open enrollment charter school to make a tape recording or other electronic recording of the proceedings of each closed meeting other than a private consultation permitted under Section 551.071. (c) Created from existing text. (d) Redesignated from Subsection (c). (e) Redesignated from existing Subsection (d). Provides that a tape recording or other electronic recording, rather than a tape recording made under Subsection (a) or (b) must include announcements by the presiding officer indicating the date and time at the beginning and end of the meeting. Makes a conforming change. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.