Bill Text: TX SB494 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to certain procedures applicable to meetings under the open meetings law and the disclosure of public information under the public information law in the event of an emergency, urgent public necessity, or catastrophic event.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2019-06-05 - Effective on 9/1/19 [SB494 Detail]

Download: Texas-2019-SB494-Enrolled.html
 
 
  S.B. No. 494
 
 
 
 
AN ACT
  relating to certain procedures applicable to meetings under the
  open meetings law and the disclosure of public information under
  the public information law in the event of an emergency, urgent
  public necessity, or catastrophic event.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 551.045, Government Code, is amended by
  amending Subsections (a), (b), and (e) and adding Subsection (a-1)
  to read as follows:
         (a)  In an emergency or when there is an urgent public
  necessity, the notice of a meeting to deliberate or take action on
  the emergency or urgent public necessity, or the supplemental
  notice to add the deliberation or taking of action on the emergency
  or urgent public necessity as an item to the agenda [of a subject
  added as an item to the agenda] for a meeting for which notice has
  been posted in accordance with this subchapter, is sufficient if
  the notice or supplemental notice [it] is posted for at least one
  hour [two hours] before the meeting is convened.
         (a-1)  A governmental body may not deliberate or take action
  on a matter at a meeting for which notice or supplemental notice is
  posted under Subsection (a) other than:
               (1)  a matter directly related to responding to the
  emergency or urgent public necessity identified in the notice or
  supplemental notice of the meeting as provided by Subsection (c);
  or
               (2)  an agenda item listed on a notice of the meeting
  before the supplemental notice was posted.
         (b)  An emergency or an urgent public necessity exists only
  if immediate action is required of a governmental body because of:
               (1)  an imminent threat to public health and safety,
  including a threat described by Subdivision (2) if imminent; or
               (2)  a reasonably unforeseeable situation, including:
                     (A)  fire, flood, earthquake, hurricane, tornado,
  or wind, rain, or snow storm;
                     (B)  power failure, transportation failure, or
  interruption of communication facilities;
                     (C)  epidemic; or
                     (D)  riot, civil disturbance, enemy attack, or
  other actual or threatened act of lawlessness or violence.
         (e)  For purposes of Subsection (b)(2), the sudden
  relocation of a large number of residents from the area of a
  declared disaster to a governmental body's jurisdiction is
  considered a reasonably unforeseeable situation for a reasonable
  period immediately following the relocation.  [Notice of an
  emergency meeting or supplemental notice of an emergency item added
  to the agenda of a meeting to address a situation described by this
  subsection must be given to members of the news media as provided by
  Section 551.047 not later than one hour before the meeting.]
         SECTION 2.  Section 551.047(c), Government Code, is amended
  to read as follows:
         (c)  The presiding officer or member shall give the notice by
  telephone, facsimile transmission, or electronic mail at least one
  hour before the meeting is convened.
         SECTION 3.  Section 551.142, Government Code, is amended by
  adding Subsections (c) and (d) to read as follows:
         (c)  The attorney general may bring an action by mandamus or
  injunction to stop, prevent, or reverse a violation or threatened
  violation of Section 551.045(a-1) by members of a governmental
  body.
         (d)  A suit filed by the attorney general under Subsection
  (c) must be filed in a district court of Travis County.
         SECTION 4.  Subchapter E, Chapter 552, Government Code, is
  amended by adding Section 552.233 to read as follows:
         Sec. 552.233.  TEMPORARY SUSPENSION OF REQUIREMENTS FOR
  GOVERNMENTAL BODY IMPACTED BY CATASTROPHE. (a)  In this section:
               (1)  "Catastrophe" means a condition or occurrence that
  interferes with the ability of a governmental body to comply with
  the requirements of this chapter, including:
                     (A)  fire, flood, earthquake, hurricane, tornado,
  or wind, rain, or snow storm;
                     (B)  power failure, transportation failure, or
  interruption of communication facilities;
                     (C)  epidemic; or
                     (D)  riot, civil disturbance, enemy attack, or
  other actual or threatened act of lawlessness or violence.
               (2)  "Suspension period" means the period of time
  during which a governmental body may suspend the applicability of
  the requirements of this chapter to the governmental body under
  this section.
         (b)  The requirements of this chapter do not apply to a
  governmental body during the suspension period determined by the
  governmental body under Subsections (d) and (e) if the governmental
  body:
               (1)  is currently impacted by a catastrophe; and
               (2)  complies with the requirements of this section.
         (c)  A governmental body that elects to suspend the
  applicability of the requirements of this chapter to the
  governmental body must submit notice to the office of the attorney
  general that the governmental body is currently impacted by a
  catastrophe and has elected to suspend the applicability of those
  requirements during the initial suspension period determined under
  Subsection (d).  The notice must be on the form prescribed by the
  office of the attorney general under Subsection (j).
         (d)  A governmental body may suspend the applicability of the
  requirements of this chapter to the governmental body for an
  initial suspension period.  The initial suspension period may not
  exceed seven consecutive days and must occur during the period
  that:
               (1)  begins not earlier than the second day before the
  date the governmental body submits notice to the office of the
  attorney general under Subsection (c); and
               (2)  ends not later than the seventh day after the date
  the governmental body submits that notice.
         (e)  A governmental body may extend an initial suspension
  period if the governing body determines that the governing body is
  still impacted by the catastrophe on which the initial suspension
  period was based.  The initial suspension period may be extended one
  time for not more than seven consecutive days that begin on the day
  following the day the initial suspension period ends.  The
  governing body must submit notice of the extension to the office of
  the attorney general on the form prescribed by the office under
  Subsection (j).
         (f)  A governmental body that suspends the applicability of
  the requirements of this chapter to the governmental body under
  this section must provide notice to the public of the suspension in
  a place readily accessible to the public and in each other location
  the governmental body is required to post a notice under Subchapter
  C, Chapter 551.  The governmental body must maintain the notice of
  the suspension during the suspension period.
         (g)  Notwithstanding another provision of this chapter, a
  request for public information received by a governmental body
  during a suspension period determined by the governmental body is
  considered to have been received by the governmental body on the
  first business day after the date the suspension period ends.
         (h)  The requirements of this chapter related to a request
  for public information received by a governmental body before the
  date an initial suspension period determined by the governmental
  body begins are tolled until the first business day after the date
  the suspension period ends.
         (i)  The office of the attorney general shall continuously
  post on the Internet website of the office each notice submitted to
  the office under this section from the date the office receives the
  notice until the first anniversary of that date.
         (j)  The office of the attorney general shall prescribe the
  form of the notice that a governmental body must submit to the
  office under Subsections (c) and (e).  The notice must require the
  governmental body to:
               (1)  identify and describe the catastrophe that the
  governmental body is currently impacted by;
               (2)  state the date the initial suspension period
  determined by the governmental body under Subsection (d) begins and
  the date that period ends;
               (3)  if the governmental body has determined to extend
  the initial suspension period under Subsection (e):
                     (A)  state that the governmental body continues to
  be impacted by the catastrophe identified in Subdivision (1); and
                     (B)  state the date the extension to the initial
  suspension period begins and the date the period ends; and
               (4)  provide any other information the office of the
  attorney general determines necessary.
         SECTION 5.  As soon as practicable after this Act becomes law
  as provided by Section 2001.006, Government Code, the office of the
  attorney general shall prescribe the form of the notice required by
  Section 552.233(j), Government Code, as added by this Act.
         SECTION 6.  Sections 551.045 and 551.047, Government Code,
  as amended by this Act, apply only to a meeting held on or after the
  effective date of this Act.  A meeting held before the effective
  date of this Act is governed by the law in effect immediately before
  the effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 494 passed the Senate on
  April 17, 2019, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 494 passed the House on
  May 17, 2019, by the following vote:  Yeas 144, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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