HBA-TYH, DMD, MAJ C.S.H.B. 445 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 445 By: Reyna, Arthur State Affairs 4/28/1999 Committee Report (Substituted) 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. C.S.H.B. 445 requires a governmental body to make a recording when in a closed meeting except when meeting with an attorney for private consultation. The bill also provides that the recording must audibly and visually record the proceedings of and the persons in the closed meeting 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: RECORDING OF CLOSED MEETING REQUIRED. (a) Requires a governmental body to make a recording, rather than to either keep a certified agenda or make a tape recording, of the proceedings of each closed meeting other than a private consultation permitted under Section 551.071 (Exceptions to Requirement that Meetings be Open, Consultation with Attorney; Closed Meeting). Provides that the recording must audibly and visually record the proceedings of and the persons in the closed meeting. Makes conforming changes. (b) Redesignates from Subsection (d). Makes a conforming change. Deletes existing text and Subsection (c) to make conforming changes. SECTION 2. Amends Section 551.104, Government Code, as follows: Sec. 551.104. New title: RECORDING OF CLOSED MEETING; PRESERVATION; DISCLOSURE. Requires a governmental body that before September 1, 1999, prepared a certified agenda or made a tape recording of a closed meeting to preserve that certified agenda or recording for at least two years after the date of the meeting. Provides that this section applies to the certified agenda or tape recording in the manner this section applies to an audible and visual recording made of the proceedings of a closed meeting that begins on or after September 1, 1999. Provides that this subsection expires September 1, 2004. Makes conforming changes. SECTION 3. Amends Section 551.145, Government Code, as follows: Sec. 551.145. New title: CLOSED MEETING WITHOUT RECORDING; OFFENSE; PENALTY. Provides that if it is shown on the trial of an offense under this section that the defendant has previously been convicted one time of an offense under this section, the offense is a Class A misdemeanor. Provides that if it is shown on the trial of an offense under this section that the defendant has previously been convicted two times of an offense under this section, the offense is a state jail felony. Provides that if it is shown on the trial of an offense under this section that the defendant has previously been convicted three or more times of an offense under this section, the offense is a felony of the third degree. Makes conforming changes. SECTION 4. Amends Section 551.146, Government Code, as follows: Sec. 551.146. New title: DISCLOSURE OF RECORDING OF CLOSED MEETING; OFFENSE; PENALTY; CIVIL LIABILITY. Provides that this section applies to a certified agenda or tape recording of a closed meeting that was made before September 1, 1999, in the manner those subsections apply to an audible and visual recording made of the proceedings of a closed meeting that begins on or after September 1, 1999. Makes conforming changes. SECTION 5. Effective date: September 1, 1999. SECTION 6. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original bill in SECTION 1, as follows: Sec. 551.103. New title: RECORDING OF CLOSED MEETING REQUIRED. (a) Removes the requirement for a governmental body to keep either a certified agenda or make a tape recording or other electronic recording of the proceedings of each closed meeting, and replaces it with the requirement for a governmental body to keep a recording that is audibly and visually records the proceedings of and the persons in the closed meeting. Makes conforming changes. (b) Deletes proposed text requiring 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. This subsection now consists of the text of existing Subsection (d), which was redesignated in the original to proposed Subsection (e). Deletes existing text redesignated to proposed Subsections (c) and (d) to make conforming changes. The substitute modifies the original bill by adding SECTIONS 2, 3, and 4. For a complete analysis of SECTIONS 2, 3, and 4, please see the Section-by-Section Analysis portion of this document. The substitute modifies the original bill by redesignating SECTIONS 2 (effective date) and 3 (emergency clause) of the original bill to SECTIONS 5 and 6, respectively.