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Home My WebLink AboutPO 7353: ORDINANCE UPDATE IN REGARDS TO THE 89TH TEXAS LEGISLATURE HOUSE BILL 1522, EFFECTIVE SEPTEMBER 1, 2025. PREPARATION OF CITY COUNCIL AGENDA ITEMS P.O.NO.7353 08/21/2025 SB/TR/GT/LH/RPC ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, AMENDING CHAPTER 2 - ADMINISTRATION, SECTION 2- 73 - AGENDA, AND SECTION 2-74 - METHODS OF ADDRESSING COUNCIL IN ORDER TO COMPLY WITH THE 89TH TEXAS LEGISLATURE HOUSE BILL 1522, EFFECTIVE SEPTEMBER 1, 2025, AND TO PROVIDE FOR TIMELY AND COMPLETE PREPARATION OF CITY COUNCIL AGENDA ITEMS. WHEREAS, the Texas Legislature, in its 89th Regular Session, adopted House Bill 1522, effective September 1, 2025, amending Section 551.043 of the Texas Government Code to modify the required posting period for notices of governmental body meetings under the Texas Open Meetings Act; and WHEREAS, Section 551.043(a), Texas Government Code, now requires that notice of a meeting of a governmental body be posted in a place readily accessible to the general public at all times for at least three (3) business days before the scheduled date of the meeting, except as otherwise provided by law; and WHEREAS, to comply with the updated statutory requirements and to facilitate the timely submission,review, and posting of complete agenda items for City Council meetings, it is necessary to revise the City's internal procedures governing requests for the drafting of ordinances and resolutions, written communications, rules of decorum, and public participation before Council; and WHEREAS,pursuant to House Bill 1522, the City Council authorizes the City Secretary to adopt and/or amend the City's personnel policies as necessary to ensure staff and City officials' compliance with the Texas Government Code; and WHEREAS, the adoption of a uniform submission and posting schedule will promote transparency, ensure compliance with state law, and enhance accountability across all City departments; and WHEREAS, the City Council of the City of Port Arthur finds it to be in the best interest of the City and its residents to amend Chapter 2 of the Code of Ordinances by amending Sections 2-73 and 2-74, as set forth in Exhibit"A"attached hereto. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: s.po7353 P.O.NO.7353 08/21/2025 SB/TR/GT/LH/RPC Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That Chapter 2 —Administration, Section 2-73 - Agenda, and Section 2-74 — Methods of Addressing Council, of the Code of Ordinances of the City of Port Arthur are hereby amended, as set forth in Exhibit"A." Section 3. That this Ordinance shall take effect immediately upon its passage and approval, except that the provisions relating to notice posting requirements shall take effect September 1, 2025, in accordance with House Bill 1522. Section 4. That a copy of the caption of this Ordinance be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED, this 26th day of August, 2025, A.D., at a Regular Meeting of the City Council of the City of Port Arthur,Texas,by the following vote: AYES: Mayor: Councilmembers: NOES: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, City Secretary TRMC APPROVED Roxann Pais Cotroneo, City Attorney APPROV F ADMINISTRATION: Ron Burto it Manager CPM s.po7 EXHIBIT A Sec. 2-73. -Agenda. (a) (1) Notice of business to be discussed. The secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda containing all business to be discussed at a meeting of the city council. In compliance with Section 551.043 of the Texas Government Code, the notice of a meeting of a governmental body must be posted in a place readily accessible to the general public at all times for at least three business days before the scheduled date of the meeting, except as provided by Sections 551.044, 551.045, 551.046 and 551.1281 of the Texas Government Code. (2) Reserved. (3) Process for removal. Before each posted meeting and immediately after a quorum is established, the council shall approve the agenda. No item may be added to the agenda. During the approval process, the presiding officer shall ask councilmembers if they wish to remove items from the agenda. Councilmembers who wish to have items removed from the agenda shall identify those items to the presiding officer. The presiding officer will ask the city manager if there are reasons why any item shall not be removed. Thereafter, the presiding officer shall call for a vote of the councilmembers without debate. (b) Person requesting to be heard on agenda items. ff 1 t t1, 5:00 the y T„esda to the scheduled meeting The po shall r ., p,-' specify the particular subject matter of such address.—The- secretes alma e the names cf (2) Nonresidents. Any nonresident wishing to address the council shall notify the secretary and t1, r a o f 1 1 r .,1 bef a p1 g th II Z th V IAF,t a T T�./ t' 1. ll interest in a matter on the coui cil's agenda and he is-se situated that the disposition of the agenda �' 1 tt a to L,; ab lity t. to ♦1,,�rote est T e p o id g ulna. N~ �,•, t ' (3) Specific agenda items. After a motion, second and discussion by the city council on any specific agenda item, and before a vote is taken, the presiding officer shall recognize any citizen of the City of Port Arthur in the audience wishing to address the council on such item, who shall be permitted to address the council thereon for a period of three minutes. Specific agenda items are defined as any items on the notice of meeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the council. pw (c) Policy for holding agenda items. (1) Upon the request of any councilmember or the mayor in open meeting, a particular agenda item shall be tabled for one week(or until the next meeting)prior to final action by the council. (2) A request to table an agenda item, as stated in subsection(c)(1)of this section, shall be subject to approval by a simple majority of the council as a whole, if: a. The mayor, any councilmember, the city manager, city secretary, or the city attorney provides the chair a reason for not holding that agenda item; or b. Time constraints dictate action during the period during which it is requested that agenda items will be tabled. (3) Decisions upon items which are the subject of public hearing shall be held for one week (or until the next meeting) for deliberation, absent an emergency or other reason compelling immediate decision. (4) The determination and finding by the city council of emergency compelling immediate decision or time constraints dictating action shall be conclusive. (d) Limiting the number of speakers. For evening meetings,the city secretary shall limit the number of speakers to five as it pertains to items that are not listed on the council agenda for action.Additional speakers can be added to the next agenda. If a public hearing is called,there shall not be a limit as to the number of speakers who can address the city council. (Code 1961, § 2-23; Ord.No. 04-29, § 2, 5-25-2004; Ord. No. 15-16, § 2(Exh.A), 4-28-2015; Ord. No. 15-47, § 2, 9-29-2015; Ord.No. 22-25, § 2(Exh.A), 4-12-2022) State Law reference—Open Meetings Act,V.T.C.A., Government Code § 551.001 et seq. Sec. 2-74. - Methods of addressing council. (a) Written communications. All interested parties or their authorized representatives may address the council by written communication regarding matters under the council's consideration.Written communications must be submitted to the City Secretary no later than nine (9)business days prior to the scheduled meetin& (b) Reading of protests,petitions or communications. Upon complying with the provisions of subsection 2- 73(b), interested persons may, at their discretion, address the council by reading protests,petitions or communications in regard to matters on the council agenda. (c) Speaker's Request.Any resident or nonresident who wishes to speak at a scheduled City Council meeting on any matter must inform the City Secretary in writing no later than nine(9)business days prior to the scheduled meeting. The City Secretary shall present said request to the presiding officer of the governing body for approval before placing it on the meeting agenda. (Code 1961, § 2-24)