BILL ANALYSIS



C.S.S.B. 246
By: Wentworth (Greenberg)
May 20, 1995
Committee Report (Substituted)


BACKGROUND

The Texas Open Meetings Act was enacted in 1976 as part of a
national trend to make government more accessible to the people. 
A fundamental premise of the statute is that all meetings of
governmental bodies are open to the public unless they are
specifically excepted by the act or are specifically permitted by
the Texas Constitution.  While it is commonly accepted that the act
applies to a regular or called meeting of a governmental body, it
is unclear whether or not the act applies to informal meetings such
as staff briefings.

PURPOSE

S.B. 246 amends the definition of "meeting" as it relates to the
open meetings law of governmental bodies.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 551.001(4), Government Code, to define
"meeting" as a           gathering of a quorum of members of a
                         governmental body, if the governmental
                         body has four or more members, and at
                         which the members deliberate information
                         from a third person about public business
                         or public policy within the body's
                         jurisdiction.

SECTION 2. SECTION 2.  Amends Section 551.075, Government Code
(Conference with         Employees - Closed Meeting), defining the
                         composition of a governmental body that
                         can meet in closed conference with
                         employees.  (1) A governmental body that
                         meets in regularly scheduled sessions
                         fewer than seven times in a calendar year
                         and whose members are not compensated for
                         their service.

           (2) Defines matters that pertain to a conference:  state
           and federal legislation; an audit; finances; fund-raising; a contract; human resources; litigation; status
           report on programs or activities of the governmental
           body; and asset management.

           (c) Requires that a conference notice must include  a
           summary description of each item that is the subject of
           the conference.

           (d) Sections 551.103 and 551.104 apply to a conference
           authorized under this section

SECTION 3. Emergency clause.
           Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 2.  Section 551.075. Conference with employees is not
repealed.  The section is amended to define a conference and the
matters that may pertain to that conference.  Requires that a
notice contain a summary description of each item pertaining to the
conference.  

SUMMARY OF COMMITTEE ACTION

The House Committee on State Affairs met in a public hearing on
April 11, 1995 to consider SB 246. The chair laid out SB 246 and
recognized Rep. Greenberg to explain the bill. The following person
testified for the bill: Bob Barton representing the Texas Press
Association and Texas Media. The following persons testified
against the bill: Susan Horton representing the Texas Municipal
League and Frank Battle representing the Texas Association of
School Boards. The chair left SB 246 as pending business. The House
Committee on State Affairs met in public hearing on May 9, 1995 to
consider SB 246. The chair laid out the bill and recognized Rep.
Greenberg to explain the bill.  The committee considered a complete
substitute which was adopted without objection. The bill was
reported favorably as substituted with the recommendation that it
do pass and be printed which prevailed by a vote of 8 ayes, 2 nays,
4 PNV, 1 absent.