2019-160 HB 2840Date: August 9, 2019 Report No. 2019-160
HINFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: The impact of House Bill 2840 on the City of Denton. BACKGROUND: House Bill 2840 (Canales) is a public meeting-related bill that was adopted by the 86th Session of the Texas Legislature, signed into law on June 10, 2019, and takes effect on September 1, 2019. The bill (attached) modifies Chapter 551 of the Government Code to provide that: 1. a governmental body shall allow each member of the public who desires to address the
body regarding an item on an agenda for an open meeting of the body to address the body regarding the item at the meeting before or during the body’s consideration of the item; 2. a governmental body may adopt reasonable rules regarding the public’s right to address the body, including rules that limit the total amount of time that a member of the public may address the body on a given item;
3. only if a governmental body does not use simultaneous translation equipment in a manner that allows the body to hear the translated public testimony simultaneously, a rule adopted under (2) that limits the amount of time that a member of the public may address the governmental body must provide that a member of the public who addresses the body through a translator must be given at least twice the amount of time as a member of the
public who does not require the assistance of a translator in order to ensure that non-English speakers receive the same opportunity to address the body; and 4. a governmental body may not prohibit public criticism of the governmental body, including criticism of any act, omission, policy, procedure, program, or service, unless the public criticism is otherwise prohibited by law.
Staff requested the City of Denton City Attorney’s Office to evaluate H.B. 2840 to determine if amendments to the City Council Rules of Procedure (Code of Ordinances 2-29) are required to comply with the statute.
DISCUSSION: Each of the four components of H.B. 2840 are discussed below. Addressing the Government Body In regard to the ability of citizens to comment during or prior to the consideration of items, the
Denton Code of Ordinances provides citizens with this opportunity for any item on the agenda of
a Regular Session of the City Council. However, City Ordinance 2-29(f)(4)(b) prohibits citizen comment in a work session unless invited by the Mayor. The newly adopted §551.007(b) provides that “[a] governmental body shall allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding
the item at the meeting before or during the body’s consideration of the item.”
Date: August 9, 2019 Report No. 2019-160
Because the language of the bill utilizes the term “consideration”, a term that is distinct from “deliberation”, the City Attorney’s Office has advised that the requirement to allow citizens to speak during or prior to deliberation may be construed as applying only to items in which the City
Council will take a formal action. Work Session agenda items that receive no formal action from the Council would not be required to allow public comment and the City’s current procedures are not required to be amended. This interpretation aligns with that of other cities including Dallas and Fort Worth.
If the Council elects to consistently allow comment during Work Session (instead of being within the Mayor’s discretion, as the applicable ordinance now reads), then 2-29(f)(4)(b) would likely need to be amended. The City Council would also need to make a determination as to when in the agenda they desire to have citizens make their comments.
Reasonable Rules While the City of Denton Code of Ordinances 2-29(f)(4)(a)(2) restricts open microphone period to two (2) speakers; this provision is also permissible under H.B. 2840. No amendment to current Ordinances or procedures is recommended relating to this aspect of H.B. 2840.
Additional Time for Speakers with a Translator H.B. 2840 requires that, unless simultaneous translation equipment is used, “a member of the public who addresses the body through a translator must be given at least twice the amount of time as a member of the public who does not require the assistance of a translator in order to ensure that
non-English speakers receive the same opportunity to address the body.” This provision could be appropriately added as a new subsection h under 2-29(f)(4). Public Criticism Current ordinances do not prohibit the public criticism of the governmental body and no
amendments to such ordinances are required relating to this aspect of H.B. 2840. CONCLUSION: The City of Denton City Council Rules of Procedure (Code of Ordinances 2-29) are substantially in compliance with H.B. 2840.
At the August 27, 2019 City Council meeting, staff will ask Council to consider an amendment to the Rules of Procedure to bring the City of Denton into compliance with the requirement that citizens utilizing a translator be given additional time for public comments.
Additionally, if the City Council expresses an interest in allowing for consistent and regular public comments at Work Sessions, an additional modification to the Rules of Procedure may also be required. ATTACHMENT(S):
H.B. 2840 (Enrolled)
Date: August 9, 2019 Report No. 2019-160
STAFF CONTACT: Ryan Adams
Deputy Director of Public Affairs/IGR
(940) 349-8565 Ryan.Adams@cityofdenton.com Catherine Clifton Deputy City Attorney
(940) 349-8132 Catherine.Clifton@cityofdenton.com REQUESTOR:
Staff Initiated PARTICIPATING DEPARTMENTS: Public Affairs City Secretary’s Office
City Attorney’s Office STAFF TIME TO COMPLETE REPORT: Staff: 3 hours Legal: 4 hours
H.B.ANo.A2840
AN ACT
relating to the right of a member of the public to address the
governing body of a political subdivision at an open meeting of the
body.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASubchapter A, Chapter 551, Government Code, is
amended by adding Section 551.007 to read as follows:
Sec.A551.007.AAPUBLIC TESTIMONY. (a) This section applies
only to a governmental body described by Sections
551.001(3)(B)-(L).
(b)AAA governmental body shall allow each member of the
public who desires to address the body regarding an item on an
agenda for an open meeting of the body to address the body regarding
the item at the meeting before or during the body ’s consideration of
the item.
(c)AAA governmental body may adopt reasonable rules
regarding the public ’s right to address the body under this
section, including rules that limit the total amount of time that a
member of the public may address the body on a given item.
(d)AAThis subsection applies only if a governmental body does
not use simultaneous translation equipment in a manner that allows
the body to hear the translated public testimony simultaneously. A
rule adopted under Subsection (c) that limits the amount of time
that a member of the public may address the governmental body must
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provide that a member of the public who addresses the body through a
translator must be given at least twice the amount of time as a
member of the public who does not require the assistance of a
translator in order to ensure that non-English speakers receive the
same opportunity to address the body.
(e)AAA governmental body may not prohibit public criticism of
the governmental body, including criticism of any act, omission,
policy, procedure, program, or service. This subsection does not
apply to public criticism that is otherwise prohibited by law.
SECTIONA2.AAThis Act takes effect September 1, 2019.
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H.B.ANo.A2840
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______________________________ ______________________________
AAAAPresident of the Senate Speaker of the HouseAAAAAA
I certify that H.B. No. 2840 was passed by the House on May 3,
2019, by the following vote:AAYeas 138, Nays 3, 1 present, not
voting.
______________________________
Chief Clerk of the HouseAAA
I certify that H.B. No. 2840 was passed by the Senate on May
22, 2019, by the following vote:AAYeas 31, Nays 0.
______________________________
Secretary of the SenateAAAA
APPROVED:AA_____________________
AAAAAAAAAAAAAAAAAAAADateAAAAAAAAAA
AAAAAAAAAAA_____________________
AAAAAAAAAAAAAAAAAAGovernorAAAAAAA
H.B.ANo.A2840
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