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Relating to certain meetings of a commissioners court during a disaster or emergency.
No fiscal implication to the State is anticipated.
SB 1343 would allow a commissioners court which is in a declared disaster area, in which transportation to the meeting location is dangerous or difficult as a result of the disaster, to hold an open or closed meeting, including a telephone conference call, solely to deliberate about disaster or emergency conditions and related public safety matters that require an immediate response without complying with the requirements of existing law, including the requirement to provide notice before the meeting or to first convene in an open meeting.
Open meetings are extremely important to representative government. Any exception made to the open meetings act must be very narrowly tailored and limited in scope and duration with no wiggle room to take advantage of the opportunity to deliberate in secrecy.
We have reservations about this bill because there is no definition as to what constitutes "dangerous or difficult" driving conditions. This could be subject to interpretation and lead to misuse of the provisions of this bill. We also have reservations about allowing meetings to be closed. It would not be difficult to make meetings open by allowing members of local media to listen in.
While our reservations do not necessarily rise to the level of of opposing the bill, we do urge legislators to consider amendment to address these issues.