SRC-CDH H.B. 1051 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1051
By: Gutierrez (Wentworth)
State Affairs
5-16-97
Engrossed


DIGEST 

Currently, the Texas Open Meetings Act allows governmental bodies to
deliberate real estate transactions in closed meetings.  The rationale
behind this exception is based on the fact that open discussions of the
amount for which a governmental body would be willing to buy or sell
property would put the governmental body at a negotiating disadvantage.
While the exception was not intended to be used as a blank check to cut
private deals without public input or debate, recent actions by the
University of Texas-Pan American and the Edinburg Independent School
District have raised the question of whether the exception serves its
intended purpose when all parties to a transaction are governmental
bodies.  H.B. 1051 removes the open meetings exception for real estate
transactions if both parties to the transaction are governmental bodies.   

PURPOSE

As proposed, H.B. 1051 requires proposed real property transactions
between governmental bodies to be deliberated in an open meeting.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 551.072, Government Code, to provide that
Subsection (a) does not apply if each party to the proposed purchase,
exchange, or lease is a governmental body.  Makes a conforming change. 

SECTION 2. Effective date:  September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.