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 Conference with employees is not repealed.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.