PAK C.S.S.B. 308 75(R)    BILL ANALYSIS


STATE AFFAIRS
C.S.S.B. 308
By: Wentworth (Maxey)
3-26-97
Committee Report (Substituted)



BACKGROUND 

A fundamental premise of the Texas Open Meetings Act is that all meetings
of governmental bodies are open to the public unless specifically excepted
by the Act or are specifically permitted by the Texas Constitution.  It is
unclear whether the Act applies to informal meetings, such as staff
briefings.  The state's newspapers reported that at least one state board
has taken advantage of this loophole and conducted important public
deliberations as part of staff briefings that are closed to the public.
By the time the board convenes in public, the resulting action has been
carefully scripted to avoid public discussions of the issues. 

The Open Meetings Act should be strengthened by eliminating the staff
meeting loophole. 

PURPOSE

This bill seeks to amend the definition of "meeting" to include any
meeting of a quorum of members of a governmental body and a third party to
discuss public business. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

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

SECTION 2.  Amends Chapter 551 of the Government Code by adding Section
551.0825 to specify that a school board is not required to conduct an open
meeting to deliberate a matter made confidential by law. 

SECTION 3.  Repeals Section 551.075 of the Government Code.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute clarifies that the gathering of a quorum of
members to receives information must be one for which government body is
responsible, and adds the language that a school board is not required to
conduct an open meeting to deliberate a matter made confidential by law.