By Maxey                                         H.B. No. 764

      75R4200 JD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the application of the open meetings law to certain

 1-3     deliberations of the governing bodies of entities that are parties

 1-4     to certain contracts with the State of Texas.


 1-6           SECTION 1.  Section 551.001(3), Government Code, is amended

 1-7     to read as follows:

 1-8                 (3)  "Governmental body" means:

 1-9                       (A)  a board, commission, department, committee,

1-10     or agency within the executive or legislative branch of state

1-11     government that is directed by one or more elected or appointed

1-12     members;

1-13                       (B)  a county commissioners court in the state;

1-14                       (C)  a municipal governing body in the state;

1-15                       (D)  a deliberative body that has rulemaking or

1-16     quasi-judicial power and that is classified as a department,

1-17     agency, or political subdivision of a county or municipality;

1-18                       (E)  a school district board of trustees;

1-19                       (F)  a county board of school trustees;

1-20                       (G)  a county board of education;

1-21                       (H)  the governing board of a special district

1-22     created by law; [and]

1-23                       (I)  a nonprofit corporation organized under

1-24     Chapter 76, Acts of the 43rd Legislature, 1st Called Session, 1933

 2-1     (Article 1434a, Vernon's Texas Civil Statutes), that provides a

 2-2     water supply or wastewater service, or both, and is exempt from ad

 2-3     valorem taxation under Section 11.30, Tax Code; and

 2-4                       (J)  the governing body of an entity that:

 2-5                             (i)  is a party to a contract with this

 2-6     state under which the entity provides a service or performs a duty

 2-7     that was formerly provided or performed by this state or an agency

 2-8     of this state; and

 2-9                             (ii)  engages or proposes to engage in a

2-10     deliberation relating to:

2-11                                            (a)  the contract or a

2-12     matter pertaining to the contract;

2-13                                            (b)  the providing by the

2-14     entity of a service under that contract; or

2-15                                            (c)  the performing by the

2-16     entity of a duty under that contract.

2-17           SECTION 2.  This Act takes effect September 1, 1997.  The

2-18     change in law made by this Act applies only to a deliberation of

2-19     the governing body of an entity that is a party to a contract with

2-20     this state that begins on or after September 4, 1997.  A

2-21     deliberation of the governing body of an entity that is a party to

2-22     a contract with this state that begins before September 4, 1997, is

2-23     covered by the law in effect when the deliberation begins, and the

2-24     former law is continued in effect for that purpose.

2-25           SECTION 3.  The importance of this legislation and the

2-26     crowded condition of the calendars in both houses create an

2-27     emergency and an imperative public necessity that the

 3-1     constitutional rule requiring bills to be read on three several

 3-2     days in each house be suspended, and this rule is hereby suspended.